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Nextel South Corp. d/b/a Nextel Communications v. R.A. Clark Consulting Ltd.

Evidence that the plaintiff screened, evaluated and interviewed over 300 candidates in an effort to fill an executive position at defendant corporation supported a quantum meruit award, even though the hired candidate resigned after 5 weeks.

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R.A. Clark Consulting, Ltd. “Clark”, an executive search firm, sued Nextel South Corporation d/b/a Nextel Communications “Nextel”, on alternate grounds, for breach of contract and quantum meruit, arising out of Clark’s placement of an employee at Nextel. Following a bench trial, Nextel appeals the court’s entry of judgment in favor of Clark on its claim for quantum meruit and the court’s award of attorney fees. For the reasons set forth below, we affirm the quantum meruit award, but reverse the award of attorney fees. Evidence adduced at trial shows that in December, 2000, Nextel contacted Clark and several other search firms about conducting a search for an employment manager for its Atlanta call center. Nextel also placed its own advertisements for the position. From December, 2000, until June, 2001, Clark placed advertisements for the position, and screened, evaluated and interviewed over 300 candidates. The parties did not sign a fee agreement.

Clark provided to Nextel over fifteen candidate summaries, including one for Dan Sax. Nextel hired Sax for the position at an annual salary of $75,000. Sax started work on June 25, 2001, and tendered his resignation on July 31, 2001. Clark spent six weeks searching for a replacement, but stopped in September, 2001, when Nextel terminated its relationship with Clark. In October, 2001, Nextel found someone to replace Sax.

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