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Contract Disputes › Construction Industry › Quantum Meruit

Bradley Arant Boult Cummings LLP

Exhaustion of Remedies: Owner Defeats Subcontractor’s Unjust Enrichment Claim

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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...more

Troutman Pepper Locke

A Contractor That Intentionally And Materially Breaches Its Contract Is Not Precluded From Recovery Under Quantum Meruit;...

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G4S Tech. LLC v. Mass. Tech. Park Corp., 2018 Mass. Lexis 357 (June 13, 2018) - A state development agency (the “Agency”), received state and federal funding to build a 1,200-mile fiber optic network. It contracted with...more

Troutman Pepper Locke

Texas District Court Rejects Rail Contractor’s Delay and Prompt Payment Claims and Awards Owner More Than $3 Million

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Balfour Beatty Rail, Inc. v. The Kansas City Southern Railway Company, 2016 U.S. Dist. LEXIS 39086 (N.D. Tex., March 25, 2016) - The contractor contracted with owner to install 65 miles of railroad track, for a price of...more

Troutman Pepper

Pennsylvania Supreme Court Holds Contractor May Recover in Quantum Meruit Where Home Improvement Contract Does Not Satisfy...

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Homeowners Raymond and Donna Mantia contracted Shafer Electric & Construction (“Shafer”) to build a two-car garage addition onto their house. Shafer’s proposal was extremely detailed as to the work to be completed. Despite...more

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