Quantum meruit is an equitable remedy that is based upon the promise implied by law to pay for beneficial services rendered and knowingly accepted. The purpose of this common law doctrine is to prevent a party from being unjustly enriched by retaining the benefits of the performance without paying anything in return.

To recover under a quantum meruit claim, a claimant must prove that: (1) valuable services were rendered or materials furnished; (2) for the person sought to be charged; (3) those services and materials were accepted by the person sought to be charged, and were used and enjoyed by him; and (4) the person sought to be charged was reasonably notified that the plaintiff performing such services or furnishing such materials was expecting to be paid by the person sought to be charged.

Pleading In The Alternative

A party generally cannot recover under a quantum meruit claim when there is a valid contract covering the services or materials furnished. The measure of damages for recovery under a quantum meruit theory is the reasonable value of the work performed and the materials furnished.

But a party to a contract may seek alternative relief under both contract and quasi-contract theories. And pleading in the alternative does not defeat the effect of an arbitration clause that broadly covers all disputes between signatories that arise out of the underlying agreement.

In New Hampshire, quantum meruit is a legal doctrine that allows an individual or entity to recover compensation for services rendered or materials provided when there is no existing contract, or when a contract is unenforceable. To succeed in a quantum meruit claim, the claimant must demonstrate that they provided valuable services or materials to the defendant, that the defendant accepted and benefited from these services or materials, and that the defendant was aware or should have been aware that the claimant expected payment. Quantum meruit is intended to prevent unjust enrichment by ensuring that a party does not benefit from another's services without paying for them. While a valid and enforceable contract precludes recovery under quantum meruit, New Hampshire law allows for pleading in the alternative, meaning a party can seek recovery under both contract and quasi-contract theories if the situation warrants. This does not negate the effect of an arbitration clause in a contract, which may require disputes to be resolved through arbitration rather than court litigation.