Implied Contract Allows Subcontractor to make claim directly against project Owner for Unjust Enrichment and Get Around Pay-if-Paid Clause

Pay-if-paid clauses are held by this decision to be enforceable in the state of Kentucky.   This, however, did not prevent a subcontractor from recovering its costs for performing extra work. The pay-if-paid clause of a subcontract prevented the subcontractor from...

Prime Contractor Liable for Failing to Pay Sub Full Amount the Prime Received from Government for the Sub’s Work

Kent Holland, J.D. ConstructionRisk, LLC A subcontractor performing masonry work for renovations of buildings at the Langley Air Force Base recovered in a breach of contract action against the Prime Contractor who, after receiving full payment for the subcontractor’s...

CM Did not Breach Fiduciary Duty and was Entitled to Recover for Delay Period Caused by Client

On a home building project in excess of $5 million, the homeowner contracted with a construction manager to oversee the project for a $375,000 fixed fee for a specified scope of services that included preparing a budget, soliciting bids for major contracts,...

Common Law Indemnity Not Owed by Architect to Developer Where Developer’s Own Alleged Negligence was Subject of Suit by Owner

When a project owner (YMCA) sued a developer (Bovis Lend Lease) for breach of contract for approving a defective design proposed by the Architect and also for approving inferior or improper construction materials, Bovis could not legally maintain a common law...

Architect Entitled to Recover Damages under Theories of Unjust Enrichment and Quantum Meruit

Damages were awarded by a court to an architect despite the fact that the architect performed design services for a condominium project being developed by his friend, a lawyer, without having a signed contract, and despite the fact that some of the services were...

Contractor Cannot Recover for Extra Work Performed without Change Order Approved by Authorized Officials

A design-build contractor that entered into a fixed-price contract to upgrade the heating, air conditioning and ventilation (HVAC) system in college dormitories satisfactorily performed all the work it was contracted to do, but also performed significant additional...

Failure to Request Change Order Bars Contractor Recovery for Excess Units

Contractor that performed significantly greater unit quantities of paving work than anticipated was barred from an equitable adjustment because although it adequately documented the increased quantities and costs, and the project owner was aware of the same, the...