Form 5C:2 Quantum Meruit – Answer

{STYLE OF THE CASE - FORM 1:3}

DEFENDANT’S ORIGINAL ANSWER, PLEA TO THE

JURISDICTION, SPECIAL EXCEPTIONS & REQUEST FOR DISCLOSURE

Defendant, {name of defendant}, files this original answer to plaintiff {name of plaintiff}’s original petition.

A. General Denial

1.Defendant generally denies the allegations in plaintiff’s original petition. {See O’Connor’s Texas Rules, “General Denial,” ch. 3-E, §3, p. 190.}

{ADD SECTIONS B-G AS APPROPRIATE}

B. Plea to the Jurisdiction

2.Defendant asks the court to dismiss plaintiff’s suit because of lack of jurisdiction. {Elaborate.} {See O’Connor’s Texas Rules, “Grounds,” ch. 3-F, §3, p. 200; O’Connor’s Texas Civil Forms, FORM 3F:1.}

C. Verified Pleas

3.{For verified pleas, see FORM 1:17, supra; O’Connor’s Texas Rules, “Verified Pleas,” ch. 3-E, §4, p. 190.}

D. Other Defenses

{CHOOSE APPROPRIATE PARAGRAPHS 4-10}

4.Defendant is not liable to plaintiff because plaintiff’s claim for quantum meruit is barred by the four-year statute of limitations in Texas Civil Practice & Remedies Code section 16.004(a)(3). Plaintiff’s claim accrued on {date}; plaintiff filed suit on {date}. {Elaborate.} {See O’Connor’s COA, “Limitations,” ch. 5-C, §4, p. 100.}

5.Defendant is not liable to plaintiff because defendant is immune from liability under {identify type of immunity} immunity. {Elaborate.} {See O’Connor’s COA, “Defenses,” chs. 50-52, p. 1283.}

6.Defendant is not liable to plaintiff because plaintiff voluntarily entered into an unenforceable, illegal contract. {Elaborate.} {See O’Connor’s COA, “Illegal contract,” ch. 5-C, §6.2, p. 102.}

7.Defendant is not liable to plaintiff because the doctrine of unclean hands bars plaintiff’s recovery. {Elaborate.} {See O’Connor’s COA, “Unclean hands,” ch. 5C, §5.3, p. 101.}

8.Defendant is not liable to plaintiff because plaintiff provided the {services/materials} under the terms of a valid, express contract. {Elaborate.} {See O’Connor’s COA, “Express contract,” ch. 5-C, §5.2, p. 100.}

9.Defendant is not liable to plaintiff for the amount of damages claimed because plaintiff provided defective {services/materials}. {Elaborate.} Defendant is entitled to an offset against any award plaintiff may receive. {Elaborate.} {See O’Connor’s COA, “Offset,” ch. 5-C, §5.4, p. 102.}

10.{For other defenses, see FORM 1:18, supra.}

E. Jury Demand

11.Defendant demands a jury trial and tenders the appropriate fee with this answer. {See O’Connor’s Texas Rules, “Request for Jury Trial,” ch. 5-B, p. 259.}

F. Special Exceptions

12.Defendant specially excepts to plaintiff’s original petition, paragraph {number} on damages, and asks the court to require plaintiff to specify the maximum amount of damages that plaintiff claims. {See O’Connor’s Texas Rules, “Unliquidated damages,” ch. 3-G, §2.2.5, p. 207. For the order on special exceptions, see O’Connor’s Texas Civil Forms, FORM 3G:2.}

13.{For other special exceptions, see O’Connor’s Texas Civil Forms, FORM 3G:1.}

G. Request for Disclosure

14.Under Texas Rule of Civil Procedure 194, defendant requests that plaintiff disclose, within 30 days of the service of this request, the information or material described in Rule 194.2. {See O’Connor’s Texas Rules, “Content of request,” ch. 6D, §3.2, p. 413.}

H. Prayer

15.For these reasons, defendant asks the court to dismiss this suit or render judgment that plaintiff take nothing, assess costs against plaintiff, and award all other relief to which defendant is entitled. {If defendant asserts claims for affirmative relief, include a request for rendition of judgment on those claims. See FORM 1:1, supra.}