Pleading Elements of Unjust Enrichment

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A claim for unjust enrichment may be brought against a contractor or owner as an equitable claim to address unexecuted change orders.  As the Court stated in Della Ratta v. Della Ratta, 927 So.2d 1055 (Fla. 4th DCA 2006), "to state a claim for unjust enrichment, a plaintiff must plead the following elements:  1) the plaintiff has conferred a benefit on the defendant;  2) the defendant has knowledge of the benefit;  3) the defendant has accepted or retained the benefit conferred;  and 4) the circumstances are such that it would be inequitable for the defendant to retain the benefit without paying fair value for it." 

Trenton H. Cotney
Florida Bar Certified in Construction Law
Glenn Rasmussen Fogarty & Hooker, P.A.
100 S. Ashley Dr., Suite 1300
Tampa, FL 33602
(813) 229-3333http://www.glennrasmussen.com

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