Collecting From an Estate: Do You Have an Express Agreement? Fourth DCA Case: July 1, 2015

Have you performed services for a decedent of an estate in   West Palm Beach only to have thepersonal representative refuse to pay you? Were you performing landscaping without a contract or in the process or redesigning their home? Just because you do not have a contract does not mean you cannot recover from the estate. Do you know how to get paid? One good way to start would be a claim for quantum meruit. Check out this new case out of the Fourth District Court of Appeals to learn more about this old rule in equity.

Quantum Meruit

• Just because you do not have a contract does not mean everything you do for someone is free, that would be ridiculous.
• Quantum Meruit is an equitable doctrine employed by courts to give a plaintiff the fair value of their work in the absence of an express contract obligating payment.
• Courts will not assume you are going to just work for free.
• In fact the courts go as far as to assume in most cases you are entitled to a reasonable fee.
• What constitutes reasonable?
• That is a question for the court to worry about.
• This can be a blessing sometimes, for example what if you agreed to cut the neighbors grass for a deal but he later dies before paying you.
• Now the court is going to award you the reasonable compensation so you may be getting a lot more.
• Do you know how to bring a claim for quantum meruit?
• You may not have to, you may be able to prove a written contract, check out what happened in this case out of the Fourth District Court of Appeals.

Land Company of Osceola County v. Genesis Concepts

• The appellant here, Land Company appealed a trial order that awarded them damages based on quantum meruit.
• The company appealed arguing that there was an express agreement.
• Did you know that in West Palm Beach an oral agreement can be enforced in West Palm Beach court?
• You will have to show the contract existed based on clear and convincing evidence.
• Do you know how to prove that?
• It can be even harder when the person on the other side of agreement is dead.

Want to learn more?

Check out the entire case by clicking here.