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Supplier To Sub Reaches Prime Contractor Equitable Relief; Suppliers

Tuesday, August 03, 2004 02:32 pm

Supplier To Sub Reaches Prime Contractor Equitable Relief; Suppliers

A Missouri court has ruled that an unpaid supplier to a subcontractor could maintain a claim for unjust enrichment against the prime contractor. But the supplier could not sue under the state Prompt Payment Act.

The Grandview School District awarded a contract to Bridwell Construction and Design to build a school facility. Bridwell subcontracted a portion of the work to Werner Brothers, Inc. which in turn procured metal wall panels from Mays-Maune & Associates, Inc., incorporating those panels into the project.

When Werner failed to pay Mays-Maune, the supplier filed suit [...]

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