Jacob Zahniser | Miller Nash On November 13, 2025, the Oregon Court of Appeals published Seabold Construction Co., Inc. v. KOZ 2211 SW 4th Avenue, LLC, 344 Or App 688 (2025)—a decision that could signal the death knell for quantum meruit (unjust enrichment) claims in Oregon construction. The Court’s Decision in Seabold In Seabold, the plaintiff contractor Seabold… Continue reading Do Quantum Meruit Claims in Construction Exist Anymore?
Tag: Quantum Meruit
Exhaustion of Remedies: Owner Defeats Subcontractor’s Unjust Enrichment Claim
John Mark Goodman | BuildSmart A federal judge in Oregon has tossed a subcontractor’s unjust enrichment or “quantum meruit” claim against the owner because the subcontractor did not first exhaust its contractual remedies against the contractor. Exhaustion of remedies is a common legal doctrine that generally requires parties to pursue relief in a particular order.… Continue reading Exhaustion of Remedies: Owner Defeats Subcontractor’s Unjust Enrichment Claim
Exhaustion of Remedies: Owner Defeats Subcontractor’s Unjust Enrichment Claim
John Mark Goodman | BuildSmart A federal judge in Oregon has tossed a subcontractor’s unjust enrichment or “quantum meruit” claim against the owner because the subcontractor did not first exhaust its contractual remedies against the contractor. Exhaustion of remedies is a common legal doctrine that generally requires parties to pursue relief in a particular order. In… Continue reading Exhaustion of Remedies: Owner Defeats Subcontractor’s Unjust Enrichment Claim
Court Affirms Quantum Meruit Award in Home Construction Dispute
Jose A. Aquino | Duane Morris In Schott v. Lucatelli, decided by the New York State Supreme Court, Appellate Division, Third Department on June 12, 2025, the court addressed a dispute between two members of an extended family over the construction of a home. In 2017, the defendant asked the plaintiff to build a home, but… Continue reading Court Affirms Quantum Meruit Award in Home Construction Dispute
Oregon Ruling Calls Into Question Quantum Meruit Claims in Construction Cases
Matthew Mues | Davis Wright Tremaine On February 15, 2023, the Oregon Court of Appeals ruled that an excavation subcontractor, plaintiff Kizer Excavating Co., (“Kizer”) could not maintain a quantum meruit claim against a general contractor, defendant Stout Building Contractors, LLC, (“Stout”) for work performed by Kizer beyond that contemplated in Kizer’s proposal, which was incorporated into… Continue reading Oregon Ruling Calls Into Question Quantum Meruit Claims in Construction Cases