Q.: I performed work and labor for someone, but we didn’t have a written contract. A friend told me that there is a “common count” called, “quantum meruit”. Would you please explain what these terms means?

A.: “Common counts” are an exception to the principles of modern code pleading, and are pleadings generally governed by case law.

There are two generic types of common counts: (1) indebitatus counts, or counts for fixed amounts; and (2) quantum counts, or counts for the reasonable value of services or materials. Indebitatus counts include money had and received, money lent or paid, work and labor, and goods sold and delivered. Indebitatus counts also include counts for account stated and on open account. Quantum counts include quantum meruit (“as much as he deserves”) and quantum valebant (“as much as they were worth”).

The count for quantum meruit alleges the performance of work and labor or services by the plaintiff for the defendant, at the defendant’s request, and is used to recover the reasonable value of the services rendered when the defendant is not liable in a fixed sum (McFarland v. Holcomb (1898) 123 Cal. 84, 86-87, 55 P. 761), or when the plaintiff has the election of suing for the reasonable value of services (Haggerty v. Warner (1953) 115 Cal.App.2d 468, 475, 252 P.2d 373) (when plaintiff renders personal services to defendant at defendant’s request, plaintiff may elect to plead either on express contract or in quantum meruit for reasonable value of services).

Recovery under quantum meruit is quasi-contractual; it is based on an implied contract for the payment of services to satisfy the ends of justice. Quantum meruit allows recovery for the value of beneficial services, not the value by which someone benefits from those services. In order to recover under a quantum meruit theory, a plaintiff must establish both (1) that he or she was acting pursuant to either an express or impled request for those services from the defendant, and (2) that the services rendered were intended to and did benefit the defendant (Day v. Alta Bates (2002) 98 Cal.App.4th 243, 248-249, 119 Cal.Rptr.2d 606).

© Copyright 2009 Michael J. Boyajian

Michael J. Boyajian, Esq. is the owner of Five Cities Law Center in Grover Beach. He has 18 years of experience in real estate and construction law. Your e-mailed questions are welcomed at boyajianlaw@sbcglobal.net.