David Adelstein | Florida Construction Legal Updates Just because you are pursuing a claim for unjust enrichment does not mean you don’t have to still prove your damages with a reasonable degree of certainty. You ABSOLUTELY do: Under Florida law, unjust enrichment damages must reflect the reasonable value of the plaintiff’s labor and costs expended for the… Continue reading Unjust Enrichment Damages Must Be Measurable And Quantifiable
Tag: Unjust Enrichment
Indirect Benefit Does Not Support Unjust Enrichment Claim Against Prime Contractor
David Adelstein | Florida Construction Legal Updates A recent case out of the Northern District of Florida dealing with a federal project provides an interesting discussion about a sub-subcontractor asserting a claim against the prime contractor for unjust enrichment. The prime contractor argued any benefit to it was indirect which does not support an unjust enrichment claim as… Continue reading Indirect Benefit Does Not Support Unjust Enrichment Claim Against Prime Contractor
Unjust Enrichment and Express Contract Don’t Mix
Christopher G. Hill | Construction Law Musings I am a huge fan of clearly written construction contracts. Virginia state and federal courts will interpret contract provisions as written and will seek to enforce all of those terms where possible. Where the contract is ambiguous, we construction attorneys make money and the courts are forced to make decisions that the parties may… Continue reading Unjust Enrichment and Express Contract Don’t Mix
An Interesting Take on Unjust Enrichment from the Virginia Supreme Court
Christopher G. Hill | Construction Law Musings Construction jobs involve numerous contractual relationships between and among general contractors, suppliers, architects, and subcontractors (to name a few of the relationships). In most cases, aside from exceptions such as mechanic’s liens, the concept of contractual privity keeps those “lower” on the contractual chain from jumping over the party… Continue reading An Interesting Take on Unjust Enrichment from the Virginia Supreme Court
Promises to Pay Sub-subcontractor Exposes General Contractor to Liability for Unjust Enrichment
Amandeep S. Kahlon | Bradley On May 14, 2020, in James G. Davis Constr. Corp. v. FTJ, Inc., the Virginia Supreme Court upheld a judgment on an unjust enrichment claim in favor of FTJ, a drywall supplier on a condominium project, against Davis, the general contractor. Notably, FTJ did not have a purchase order with Davis,… Continue reading Promises to Pay Sub-subcontractor Exposes General Contractor to Liability for Unjust Enrichment