Current Edition- California Business Practice

The Peacemaker Quarterly- April 2014

Friday, November 20, 2009

DCB Constuction V. Central City Development Co.

Case Brief:
F- DCB entered a contract with an unamed lessee of Central City Development Co. to renovate there property. After the lessee did not pay DCB for the work done and got evicted for nonpayment of rent DCB sued CCD for the remaining payments from their lessee.
I- Whether DCB is entitled to unjust enrichment compensation for the work done to leesers building that has not been payed for.
R- The judge reasoned that becasue there was no evidence of fraud or improper conduct by CCD in relation towards the contracts signed by the three partys, and their dissclaimer of no liability of nonpayment for services rendered that CCD is not responsible for unjust enrichment compensation.
C- The Judge Criswell of the Colorado Court of Appeals concluded that a lesser is not to be held liable for its lessee debt without their prior assent.

Group members opinion:
We agree because CCD made it clear to DCB that they would not be responsible for their lessees debt if they did not pay for the renovations. alternatively, If CCD had knowledge of the renovations but chose not to stipulate this clause then we believe that they should be held liable for their lessees debt.

Group members:
Christopher Kadera
Alexis Dominguez
Matt West
Philippe Gagnon
Peter Nguyen
Hayden Healy

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