ST. LOUIS – Judge John Ross of the U.S. District Court for the Eastern District of Missouri denied by The Harlan Co.'s motion to dismiss three claims in a lawsuit filed by Thyssenkrupp Elevator Corp.
"Harlan’s motion to dismiss counts one and two of TKE’s complaint will be denied, and TKE’s motion to dismiss Harlan’s breach of contract counterclaim will be denied," Ross wrote in the April 18 ruling.
The lawsuit originated from a contract by The Harlan Co. with Thyssenkrupp Elevator Corp. (TKE). The city of St. Louis contracted with Harlan, a St. Louis-based construction firm, for work on six MetroLink stations, and pursued TKE to do elevator-related services.
TKE alleged that Harlan breached the contract between them. Harlan alleged that TKE was responsible for a 120-day delay in services, resulting in $65,625 of back charges, which allowed Harlan to formerly terminate the contract. TKE claimed that the delay was due to Harlan’s failure to direct and schedule TKE employees, resulting in a breach of contract.
Harlan filed a counterclaim against TKE alleging breach of contract as well. A design, engineering plan and material order was not made to have services rendered on time, alleged Harlan. In addition, Harlan alleged TKE had several inadequacies in workmanship to which it drew TKE’s attention through written notice, but TKE did not rectify the issues. TKE made a motion to dismiss the counterclaim, but it was denied.
TKE also alleged that Harlan has yet to pay for services rendered for which TKE made a quantum meruit claim.
“The essential elements for recovery in quantum meruit are: (1) a benefit conferred upon defendant by plaintiff; (2) appreciation by defendant of the fact of such benefit; (3) acceptance and retention by defendant without payment,” said Ross. “Here, TKE alleges that it rendered services related to the MetroLink project for which Harlan has not yet paid. Reading the allegations in light of TKE’s claims in their entirety, TKE has stated a sufficient claim for recovery under the theory of quantum meruit.”