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General Form of Complaint for Quantum Meruit - For Services Rendered

Philadelphia Pennsylvania General Form of Complaint for Quantum Meruit - For Services Rendered

Name: Philadelphia Pennsylvania General Form of Complaint for Quantum Meruit - For Services Rendered
Brand: US Legal Forms
Rating: 4.67 (391 reviews)

Category:

Liens - Construction

State:

Multi-State

County:

Philadelphia

Control #:

US-03280BG

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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.

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How to fill out Philadelphia Pennsylvania General Form Of Complaint For Quantum Meruit - For Services Rendered?

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FAQ

In a claim of quantum meruit, the plaintiff does not seek a precise sum of money, nor a sum representing the general damages incurred by the plaintiff as a consequence of some unjust act on the part of the defendant, but a sum which will provide the plaintiff, the value of what the plaintiff has done for the defendant,

A claim for quantum meruit may arise if: there is no specified sum to be paid under a contract; there is an express agreement to pay a reasonable sum; work is completed outside the scope of the contract, at the request of the principal/homeowner; and/or, the contract is found to be void or unenforceable.

The remedy to a party in a breach of contract is the suit upon quantum meruit. The suit upon quantum meruit arises where a part of a contract is performed by one party and then there is a breach of contract or it is discovered that the contract is void or becomes void.

Since quantum meruit is a payment, it can apply as a civil lawsuit remedy. This occurs when a transaction for services and goods occurred without a written contract that states the total amount due. If someone sues for payment, the courts will calculate the cost based on the time and typical pay rate.

Implied-in-law and Implied-in-fact contract: Quasi contract is a contract implied in law whereas quantum meruit is a contract implied in fact. A legal fiction and an actual contract: Quasi contract is not a contract at all but merely a legal fiction, whereas quantum meruit is an actual contract.

You may make a claim for quantum meruit in many situations which include: When the contract doesn't specify remuneration even though a service has been requested. Where work is completed outside the contract. Work has been completed but the contract has been rescinded, unenforceable or void.

Essentially, quantum meruit is an action for payment of the reasonable value of services performed. It is used in various circumstances where the court awards a money payment that is not determined, subject to what is said below, by reference to a contract.

Courts have crafted four basic elements that the plaintiff must prove before she may recover under the doctrine of quantum meruit: (1) that valuable services were rendered; (2) that the services were rendered to the defendant; (3) that the services were accepted, used, and enjoyed by the defendant; and (4) that the

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However, in the amended complaint, ABI sought damages not only for quantum meruit but also for unjust enrichment and breach of contract. In the complaint, Shafer pled for relief under theories of breach of contract as well as quantum meruit.General Services Administration Schedule Programs: 2. Middleman refused any payment. Intense than in the case of lawyers dealing with their clients' money. Fill out the form to access a sample of Practical Guidance. 50, Complaint--Breach of Contract and Quantum Meruit. And the Publishers' Circular, of London, which we use in completing this list. Or seller from the services provided.

Philadelphia Pennsylvania General Form of Complaint for Quantum Meruit - For Services Rendered

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