Legal Question in Business Law in New Jersey

Services Rendered without a contract

I purchased a landscaping business and with this obtained all the customers from the former owner. I sent a former letter introducing myself and providing the new telephone number of the business in case they needed to contact. I also sent a customer contact sheet requesting a name, telephone of the main contact person for the services to be rendered. I do not have a formal contract with all customers, just verbal to provide lawn services. There is one customer, I have done over 2 month worth of work on a customer and have billed her. They have seen me while I worked and have not said anything. As of yet I have not received a payment. If I file a suite via small claims court to collect the debt owed, do I stand a chance of winning the case if I do not have a written contract but they were aware of the services being rendered?


Asked on 6/05/03, 11:35 am

2 Answers from Attorneys
Jeffrey Weinstein Jeffrey L. Weinstein, Attorney at Law

Re: Services Rendered without a contract

Yes. You can recover under the theory of "quantum meruit," which means that you are entitled to be paid for the fair value of services rendered, regardless of whether there was a contract.

Feel free to call me at 609-397-8400 if you need further assistance.

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Answered on 6/05/03, 11:44 am
Walter LeVine Walter D. LeVine, Esq.

Re: Services Rendered without a contract

You can sue for quantum meruit (Value of services rendered)as well as under general rules of contract (offer, acceptance and consideration). Be sure to have copy of letter sent the homeowner and possibly someone who works with you to verify the work was done.

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Answered on 6/05/03, 3:34 pm


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