Quantum Meruit
Quantum meruit means “as much as is deserved.” It allows someone who provides services or goods without a valid contract to recover the reasonable value of what was provided, if the other party accepted and benefited from it. This principle prevents unjust enrichment—when one party unfairly keeps a benefit without paying for it.
When Does It Apply?
Quantum meruit may apply when:
- There’s no enforceable contract (e.g., oral agreement barred by the statute of frauds),
- A contract exists but is partially performed and then terminated,
- Services are provided outside the scope of a contract and accepted.
You generally cannot use quantum meruit if a valid contract fully governs the subject matter.
Elements (Typical)
- Services or goods were provided,
- They were accepted and used,
- There was a reasonable expectation of payment,
- It would be unjust not to pay.
In California
Quantum meruit is not a contract claim—it’s based on equity. Courts award the reasonable value of services, not contract price.
Example: A contractor starts work based on a handshake deal to remodel a kitchen. After finishing, the homeowner refuses to pay, claiming no contract was signed. The contractor can sue in quantum meruit to recover the value of the labor and materials provided.
Disclaimer: The content of this blog is intended solely for informational purposes and does not constitute legal advice. Legal issues are complex and individual; as such, if you seek guidance on a specific legal concern, please consult with a licensed attorney. Contact A.E.I. Law, P.C. at (888)-423-4529 for personalized legal counsel.
