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12 October 2011
Posted in
Legal News -
New Law
In Maruchi Rodriguez-Faro v. M. Escarda Contractor, Inc., 36 Fla. L. Weekly D2142b (Fla. 3DCA September 28, 2011), the issue was whether a contractor's affidavit as to the amount remaining unpaid for a construction contract was sufficient for the purposes of granting a final judgment for unjust enrichment without a hearing on damages. In this case, a homeowner stopped paying a contractor for work to be done at the homeowner's home. The contractor sought a final judgment in unjust enrichment for the value of his services rendered but not yet paid. The only evidence provided for the purposes of obtaining the final judgment was an affidavit from the contractor as to the amount remaining unpaid under the contract. The Florida Third District Court of Appeal held that claims for unjust enrichment normally involve unliquidated damages and as such a hearing is needed to determine the amount of the damages. Since the contractor never filed an affidavit as to the value of his service but only as to the amount unpaid, a hearing was needed to determine the damages and since that did not take place, the final judgment was void as a matter of law.
About the Author: Patrick Russell, Esq. is a Miami collection lawyer with Russell Law who has pursued breach of contract claims against individuals and companies for the nonpayment of goods or services. If you have not been paid for the sale of your goods or services, act now to collect what you are rightfully owed. Any delay you allow in the recovery of your monies reduces the chances that you will be compensated in full. To discuss your Florida debt collection matter, feel free to call or contact us by This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
Related Topics:
- Florida debt collection
- Florida unjust enrichment
- Florida breach of contract
- Florida unliquidated damages
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