Legal Topics

Contracts — Implied-in-fact — Action by subcontractor against property owner to recover compensation for additional work outside of scope of landscaping subcontract that was performed by subcontractor at owner’s request 

Nov 15th, 2022 in by admin

Contracts — Implied-in-fact — Action by subcontractor against property owner to recover compensation for additional work outside of scope of landscaping subcontract that was performed by subcontractor at owner’s request — Error to enter summary judgment in favor of owner where record is ambiguous as to whether there was mutual assent required to create binding implied-in-fact contract for additional work — Subcontractor cannot recover from owner under quasi-contract/unjust enrichment claim where subcontractor has not exhausted all available remedies against general contractor