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Contracts
Unjust Enrichment
Oral Agreement

Repka v. Hal Biestek and Sandy Biestek

Published: Aug. 7, 1999 | Result Date: May 24, 1999 | Filing Date: Jan. 1, 1900 |

Case number: 98CV1837 Verdict –  $56,032

Judge

Frank Plaut

Court

Jefferson District


Attorneys

Plaintiff

Jane G. Ebisch


Defendant

Meredith M. Moss
(Carlton, Fields, Jorden & Burt LLP)


Experts

Plaintiff

Dennis A. Marshall
(technical)

Defendant

John Temple
(technical)

Steven E. Rich
(technical)

Facts

Plaintiff, a construction manager, was hired by defendants to build a luxury custom home. No written documents existed between the parties. Although the scope of the work expanded throughout construction as the defendants made changes, they refused to pay additional money beyond the $32,500 paid for management services. The plaintiff sued for unjust enrichment, and the defendants claimed a set-off for corrections they alleged were needed. The defendants also filed a counterclaim for breach of contract.

Settlement Discussions

The plaintiff made a settlement demand of $19,500. The defendant made an offer of $1,000.

Other Information

After four days of trial, a bench decision awarded $69,689 in damages to the plaintiff. Set-off was allowed in the amount of $13,657, resulting in a judgment for $56,032.


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