The judge ruled in the defendants' favor as a matter of law as to the remaining quantum meruit
In theory, quantum meruit
comprises two distinct but related doctrines: (1) quasi-contract (also called unjust enrichment or contract implied in law), a noncontract remedy calling for restitutionary damages equal to the value received by the defendant; and (2) contract implied in fact, in which a valid contract is formed, not by the parties' words, but by their conduct, for the breach of which the appropriate measure of damages is the price intended by the parties, or a reasonable market value when no price is expressed by them.
His second amended complaint contained three counts: Count I, in which he sought to foreclose a mechanic's lien; Count II, in which he alleged breach of contract; and Count III, in which he sought recovery in quantum meruit
for the reasonable value of his company's work.
The question we had was whether the quantum meruit
remedy actually conferred the house on George, even as the Court maintained that he was not entitled to the specific house.
The contractor's theories of recovery included "expectation damages, warranty services under an express contract, warranty services under an implied in fact contract, warranty work under a theory of constructive change or equitable adjustment or cardinal change, and quantum meruit
based on an implied in fact contract.
A quantum meruit
cause of action entitles the broker to the reasonable value of his services, even though no brokerage agreement was ever signed.
Complaint alleges breach of agreement and quantum meruit
AFH has alleged causes of action for Declaratory Judgment, Breach of Contract and for Quantum Meruit
In Smith v Bogard, the fourth district determined that a contractor who fails to provide a written contract and consumer pamphlet as required under the HRRA is "precluded from recovering any amounts he claims due for work performed," whether for breach of contract, unjust enrichment, or quantum meruit
This lawsuit, advancing claims based on unjust enrichment, promissory estoppel, and quantum meruit
, is brought to compel that payment.
In this case, a Miller Act surety in a connection with a construction project sought to recover in quantum meruit
the amount over the original contract price that it was required to pay in order to complete the project after the contractor defaulted.
When the entire estate was left to a nephew, however, their lawyer sued in unjust enrichment, claiming a constructive trust or alternatively, damages based on quantum meruit