Supplier of rental equipment attempted to claim, on the basis of unjust enrichment, against the owner of the project for rent due on equipment after the contractor went bankrupt and until the equipment was returned. This claim was in addition to the supplier’s lien claim. The supplier was unsuccessful because there was no evidence that the owner used the supplier’s equipment after the contractor abandoned it on the owner’s site. One cannot have unjust enrichment without first having enrichment.
Written by Jonathan Speigel Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.