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
Tag: Unjust Enrichment
Unjust Enrichment Damages Must Be Measurable And Quantifiable
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
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