The phrase quantum meruit means as much as he has deserved. When a person employs another to do work for him, without any agreement as to his compensation, the law implies a promise from the employer to the workman that he will pay him for his services, as much as be may deserve or merit. In such case the plaintiff may suggest in his Complaint that the defendant promised to pay him as much as he reasonably deserved, and then state that that defendant has failed to pay such amount.
The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
The Louisiana General Form of Complaint for Quantum Merit — For Services Rendered is a legal document used to initiate a lawsuit seeking payment for services rendered under the doctrine of quantum meruit. Quantum meruit refers to the fair and reasonable value of services provided when there is no existing contract or agreement. When filing a complaint for quantum meruit, it is essential to use the appropriate form to ensure legal validity. While there might not be different types of Louisiana General Form of Complaint for Quantum Merit — For Services Rendered, it is crucial to include certain keywords and sections for a proper description. These include: 1. Heading: The form should have a caption that clearly mentions the court's name, the parties involved, and the case number. 2. Parties: The complaint should identify the plaintiff, the party seeking payment for services rendered, and the defendant, the party obligated to make that payment. Include their full legal names, addresses, and any additional identifying information. 3. Nature of the Claim: Provide a concise and straightforward statement explaining that the plaintiff is seeking payment for services performed on behalf of the defendant under the doctrine of quantum meruit. 4. Service Agreement Details: Describe the services rendered in detail, including the nature, extent, and value of those services. Be specific about the dates, locations, and any other relevant information that demonstrates the plaintiff's performance. 5. Breach of Contract: If a written or oral agreement existed, but the defendant failed to meet their payment obligation, mention the breach of contract. State whether there was an express or implied contract and the specific terms or conditions that were violated. 6. Expenses and Costs: If the plaintiff incurred any expenses directly related to providing the services, such as materials, travel costs, or subcontractors, mention them in the complaint. Include the total amount owed by the defendant based on the value of services rendered and the expenses incurred. 7. Payment Demands and Prejudgment Interest: Clearly express the plaintiff's demand for payment of the total amount owed, including any applicable interest. In Louisiana, prejudgment interest may be sought as allowed by law. 8. Certification: Add a statement certifying that the information provided is true and accurate to the best of the plaintiff's knowledge, under penalty of perjury. 9. Signature and Date: The complaint needs to be signed and dated by the plaintiff or their legal representative. Remember, this is a general outline of the content required in the Louisiana General Form of Complaint for Quantum Merit — For Services Rendered. It is advisable to consult with an attorney or legal professional for specific guidance based on your circumstances.
