Michael O’Donnell, Kevin Hakansson, Thomas J. Persico and Kori Pruett | Riker Danzig Introduction In February 2024, the New Jersey Appellate Division affirmed a trial court’s decision on a motion to dismiss rejecting a property owner’s unjust enrichment claims. The claims related to costly improvements made while the trial court’s order vacating final judgment in… Continue reading Renovations And Reckonings: Navigating Unjust Enrichment In Property Disputes
Tag: Unjust Enrichment Claim
Unjust Enrichment Claims When There is no Binding Contract
David Adelstein | Florida Construction Legal Updates A recent appellate opinion starts off, “This is a typical South Florida construction dispute.” (See case citation at the bottom) Let’s see, is it? No. It’s a garden variety payment dispute where the parties did NOT have a binding contract. Why? That’s for a different day (because the smart… Continue reading Unjust Enrichment Claims When There is no Binding Contract
Unjust Enrichment: The Subcontractor’s Claim Against the Owner When the General Contractor is “Unavailable for Judgment”
Melissa Jones | Frantz Ward Non-payment: the dreaded issue all subcontractors face. Tools, such as payment bond, prompt pay and mechanic’s lien rights and claims, can help secure payment. Additionally, Ohio, unlike most other states, also permits a subcontractor to look to an owner for payment under a theory of unjust enrichment, even if the… Continue reading Unjust Enrichment: The Subcontractor’s Claim Against the Owner When the General Contractor is “Unavailable for Judgment”
Death of Subcontractor’s Unjust Enrichment Claim Against Project Owner
David Adelstein | Florida Construction Legal Updates In a previous article, I discussed a subcontractor’s unjust enrichment claim against a project’s owner and the death of this equitable claim if the owner fully paid the general contractor or paid the general contractor for the subcontractor’s work. This can be best summarized from a very short 1995 opinion… Continue reading Death of Subcontractor’s Unjust Enrichment Claim Against Project Owner