Commerce Partnership 8098 Limited Partnership v. Equity Contracting Co.

Commerce Partnership 8098 Limited Partnership v. Equity Contracting Co.

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Contracts 10/13 Restitution Commerce Partnership 8098 Limited Partnership v. Equity Contracting Co., 1997 Equity: Commerce owned an office building. Commerce contracted with a general contractor to perform improvements. Equity was a subcontractor. Because it inspected the job on a weekly basis, Commerce was aware of Equity’s work. Equity completely performed its subcontract and the reasonable value of the work was $17,100. Commerce failed to pay the general contractor the full amounts due for the job. The general contractor did not pay Equity. Commerce was unjustly enriched because it had accepted Equity’s services without paying any entity for them. Commerce: it had paid the general contractor in full. Procedure : at trial, Equity indicated that at the start of the job it expected payment only from the general contractor and not from Commerce. After the work was completed, Commerce gave Equity (why not the General) a list of remedial work. Equity’s president asked for partial payment and Commerce refused. Thus, Equity didn’t perform the
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Commerce Partnership 8098 Limited Partnership v. Equity Contracting Co.

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