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Finally, citing Smith v Bogard, 377 Ill App 3d 842, 879 NE2d 543 (4th D 2007), they argued that allowing the construction company to recover in quantum meruit under Count III would reward deceptive practices and violate public policy.
As a general rule, one should not look to recover in quantum meruit unless there have been direct dealings between the parties that create the basis for the contract to be implied "in fact.
On May 13, 2008, the plaintiff filed suit against the defendant, seeking to foreclose the plaintiff's mechanical lien, and also alleging breach of contract, or in the alternative, a claim in quantum meruit.