Houston injury lawyers at Morrow & Sheppard handle both personal injury cases and lawsuits involving breach of contract and “business torts.” One claim commonly pursued in business disputes is quantum meruit.
Quantum meruit is a claim that prevents a wrongdoer from being unjustly enriched as a result of his, her, or its bad conduct.
The underlying principle is that there must have been an understanding or implied benefit that the wrongdoer would pay for the benefits received. Essentially, Quantum meruit implies a contract in circumstances where the parties neglected to form one, but equity requires payment for beneficial services rendered and knowingly accepted.
The elements of a quantum meruit claim brought under Texas law are:
- the plaintiff provided valuable materials or services;
- the services or materials were provided for the defendant;
- the defendant accepted the services or materials; and
- the defendant had reasonable notice that the plaintiff expected compensation for the services or materials.
Generally speaking, a quantum meruit claim cannot be pursued where there is a valid and enforceable contract. But quantum meruit can and often is pursued “in the alternative” when there are issues regarding the validity of a contract.
What Damages Are Available For Quantum Meruit Injuries?
Plaintiffs who suffer a business injury may seek the following damages under a Texas quantum meruit theory: reasonable value of services and materials provided, interest, and attorney fees.
Morrow & Sheppard Represent Small Business That Have Been Injured
The Houston injury lawyers at Morrow & Sheppard LLP are proud to represent small businesses that have been injured.
We have represented clients in breach of contract and business tort disputes in state and federal courts, as well as in arbitration proceedings. When the case merits, we will represent business injury clients on a contingency or blended fee basis.