Question 1

How do you file an unjust enrichment claim in Florida?

Accepted Answer

Filing: the plaintiff files a complaint in the appropriate FL circuit court. The complaint must allege: the plaintiff conferred a benefit on the defendant (describe the benefit: services, improvements, payments, or property), the defendant was aware of the benefit, the defendant accepted and retained the benefit, and it would be inequitable for the defendant to retain the benefit without paying. The complaint: should include the value of the benefit conferred. Discovery: the plaintiff must prove the benefit and its value through evidence (invoices, testimony, and expert appraisals). Trial: the court determines whether the elements are met and calculates the restitution amount.

Question 2

What defenses are available to unjust enrichment claims in Florida?

Accepted Answer

Defenses: express contract (if a valid contract governs the relationship: unjust enrichment is not available; the plaintiff must sue on the contract), voluntary conferral (the plaintiff voluntarily conferred the benefit without expectation of payment: a gift or gratuitous service), offsetting benefit (the defendant conferred a benefit on the plaintiff that offsets the claimed enrichment), statute of limitations (4 years; Section 95.11(3)(k)), and no enrichment (the defendant did not actually receive a benefit or the benefit had no value). The defendant: bears the burden of proving affirmative defenses.

Question 3

How does unjust enrichment interact with construction claims in Florida?

Accepted Answer

Construction: a subcontractor or supplier who was not paid by the general contractor may have an unjust enrichment claim against the property owner. The claim: the subcontractor conferred a benefit on the owner (materials and labor that improved the property), the owner is aware of the improvement, the owner retained the benefit, and it would be unjust for the owner to retain the improvement without paying. Limitation: if the subcontractor has a valid construction lien (Chapter 713): the lien remedy is preferred over unjust enrichment. If the lien rights have been waived or expired: unjust enrichment may be the only remedy.

Unjust Enrichment Equitable Restitution Claim

Florida Unjust Enrichment Claims

Filing

Defenses

Construction

Related Terms

Barnes Walker Construction Law

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