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 Utah, quantum meruit is recognized as an equitable remedy to prevent unjust enrichment when one party benefits from another's services or materials without paying for them. To succeed in a quantum meruit claim, the claimant must demonstrate that valuable services or materials were provided to the defendant, that the defendant accepted and used these services or materials, and that the defendant was aware that the claimant expected payment. However, if there is a valid contract that specifically addresses the services or materials provided, a quantum meruit claim typically cannot be pursued. Despite this, Utah law allows for 'pleading in the alternative,' meaning a party can seek recovery under both contract and quasi-contract (quantum meruit) theories if the contract is later found to be invalid or unenforceable. It's important to note that even when pleading in the alternative, an arbitration clause in the contract that broadly covers all disputes may still require the parties to resolve their issues through arbitration rather than court litigation.