Pleading Elements of Unjust Enrichment

By -
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

Comments

  1. WinnipegSeptember 10, 2019 at 6:18 AM

    Really a nice blog information.. very excellent post.
    Whether your shingles look worn out or you require a complete re-roofing, we can help with services such as:Shingles - Cedar, Fibreglass, Asphalt, Architectural work, Standing seam steel metal roof
    Vinyl siding companies winnipeg
    Soffit and Fascia Winnipeg

    ReplyDelete

Post a Comment

Popular posts from this blog

The Dotted Line: When Contractors Can Walk Off the Job

By -
When general contractors or subcontractors sign on to construction projects, they usually start off believing everything will run smoothly. But, during the course of the work, issues sometimes arise that force all parties to go running back to their contracts in order to evaluate their options. One of those options for construction companies is to simply stop work, but contractors need to take care when making such a big decision. “Stopping work and ultimately terminating the contract is one of the most radical things you can do,” said Joseph McManus Jr., attorney and shareholder at law firm Carlton Fields.   Luckily, most of the circumstances under which contractors are clearly entitled to stop work are included in the most popular standard forms of contracts. Nonpayment The most common reason that contractors find it necessary to stop work, McManus said, is that they haven’t been paid for approved invoices. In that scenario, he said, contractors have the ...
Read more

"Mass-timber" Sees Greater Use in Roofing and Construction Projects in Europe

By -
Image
The use of "mass-timber," or prefabricated engineered wood components is becoming more common in construction and roofing applications in Europe. In projects such as the galleria roof of a central city building in Surrey, it helps meet demand for wood structures to add visual appeal. From NRCA Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 N. Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com
Read more