South County Post & Beam, Inc. v. McMahon
Annotate this CaseDefendants hired various construction companies to assist in the construction of a house and barn on their property. Plaintiff was one of the subcontractors that worked on the project. Plaintiff brought this action against Defendants for breach of contract, book account, and unjust enrichment seeking payment for the work it had completed but for which it had not been paid. The superior court justice entered judgment for Plaintiff on its claim of unjust enrichment but entered judgment for Defendants on the remainder of Plaintiff’s claims. The trial justice also entered an order awarding costs to Plaintiff. The Supreme Court affirmed the superior court’s judgment but vacated and remanded the order, holding (1) the trial justice correctly found the three elements that a Rhode Island plaintiff must prove to recover on a claim of unjust enrichment; and (2) the trial justice erred in awarding Plaintiff’s “Application for Taxation of Costs” because the order explicitly included the fee generated by expert testimony.
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