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 West Virginia, 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. The claimant must demonstrate that the services or materials were provided, that the defendant accepted and benefited from them, and that there was an expectation of payment. While a valid and enforceable contract typically precludes recovery under quantum meruit, West Virginia law permits a party to plead both breach of contract and quantum meruit claims in the alternative. This means that if the contract claim fails, the party may still seek compensation under quantum meruit. However, if the parties are bound by an arbitration agreement, disputes regarding the contract and related quasi-contract claims like quantum meruit may be subject to arbitration, depending on the breadth of the arbitration clause.