13-3 DCB Const. Co., Inc v CCDC : section 11:15-12:10

Group Members: William Vasko, Nick Sardo, Drew Kootman, Emily McMahon, Lauren Millslagle, Mackenzie Ott (9:05 Section), Mark Yeilding

DCB Const. Co., Inc. v. Central City Development Co.
Colorado Court of Appeals
940 P.2D 958

Case Brief
Facts:
Lessee of CCD hired DCB Construction to work on their leased property. Prior to DCB and CCD signing the contract CCD authorized and made a contract that said that they weren't liable for default payments. DCB began work but then stopped because the leasee failed to make rental payments. CCD evicted the lessee from the property. DCB sued CCD for payments due from the lessee.

Issue:
Whether CCD was liable to pay for the unjust enrichment of DCB.

Rationale:
The sole assertion of injustice appears to be based upon the inordinate value of the benefit DCB measures injustice on the basis of monetary advancement. The fact that the 3rd party fails to deliver the plaintiff with the consideration called for by the contract provides no proper basis for a claim of unjust enrichment. (Dynamic Business Law)

Conclusion:
The objection under the claim arises from the law of immutable justice and equity. The sole claim is based upon a contract implied in law, or unjust enrichment.

To recover under a claim for unjust enrichment, it must be established that:

1. A benefit was conferred upon the defendant
2. The defendant appreciated the benefit.
3. The benefit was accepted by the defendant under such circumstances that it would be inequitable for it to be retained without payments of its value. (Dynamic Business Law)
   

Group Opinion
We AGREE with the decision because it was explicit in the contract that CCD was not liable for the due payments to DCB.