CONSTRUCTION DEFECT JOURNAL

"News and Information for Construction Defect and Claims Professionals"

CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - THURSDAY, JUNE 18, 2026

Indirect Benefit Does Not Support Unjust Enrichment Claim Against Prime Contractor

Illustration of witness and judge

The sub-subcontractor’s alleged benefit to support the unjust enrichment claim was the work it performed on the project.

July 5, 2023
David Adelstein - Florida Construction Legal Updates

A recent case out of the Northern District of Florida dealing with a federal project provides an interesting discussion about a sub-subcontractor asserting a claim against the prime contractor for unjust enrichment. The prime contractor argued any benefit to it was indirect which does not support an unjust enrichment claim as the actual direct benefit flowed to the owner of the project – the government. The federal district court agreed and dismissed the sub-subcontractor’s unjust enrichment claim against the prime contractor because an indirect benefit does NOT support an equitable unjust enrichment claim. See U.S.A f/u/b/o Eco Universe Contracting, LLC v. Calvary Construction Group, Inc., 2023 WL 3884642 (N.D.Fla. 2023).

Mr. Adelstein may be contacted at dma@kirwinnorris.com


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