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How to defend an unjust enrichment suit in the case of a subcontractor suing a homeowner?

California

Hello, I am being sued in small claims court by a subcontractor of mine. I hired a GC who contracted directly with the subcontractor. The subcontractor is claiming that the GC didn't pay him in full for the work and suing me via unjust enrichment for the remaining balance on the original contract (14k apprx contract and payments received of 9k). The subcontractor did not pursue a mechanic's lien or provide me with a preliminary notice under California mechanic's lien law. The subcontractor also did not bring the small claims court suit until 5 months post final sign-off of my project and only raised non payment by my contractor 3 months after final sign-off on my project. I paid the GC in full BUT after adjusting for errors, delays, etc. to my project. What defense do I have in small claims court to this unjust enrichment suit? Thanks in advance

1 reply

Mar 10, 2020
Based on the details provided one strong defense is that you have not been unjustly enriched because you paid the GC in full and had no contract with the subcontractor. It is the GC that has been unjustly enriched, not you.
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