Columbia Wholesale Co. v. Scudder May N.V.
440 S.E.2d 129 | Supreme Court of South Carolina | 1994
What This Case Means for Subcontractors
A roofing supplier filed a mechanic's lien against a property owner for unpaid materials, then switched tactics and sued for quantum meruit (unjust enrichment) instead. The South Carolina Supreme Court ruled against the supplier, finding that because the owner had already paid the general contractor in full and the supplier received a pro-rata share of remaining funds, there was no unjust enrichment. The court voided the quantum meruit recovery, emphasizing that suppliers cannot recover twice or bypass lien procedures.
Key Takeaways
- •Don't abandon your mechanic's lien to pursue quantum meruit—once you file a lien, stick with it. Switching strategies can weaken your legal position.
- •If the owner pays the general contractor the full contract price, you likely cannot claim unjust enrichment even if the GC doesn't pay you. Your remedy is the mechanic's lien, not a direct claim against the owner.
- •Understand your state's lien laws before taking action. In South Carolina and similar states, mechanic's liens are your primary protection—use them and don't abandon them mid-case.
Owner paid the total contract price and paid Supplier the amount Supplier would have recovered under its mechanic's lien.
Frequently Asked Question
Can I sue the owner for unjust enrichment if the general contractor doesn't pay me?
Not easily. If the owner has already paid the general contractor in full, courts will likely reject your unjust enrichment claim. Your primary remedy is filing and enforcing a mechanic's lien against the property. Don't abandon your lien to pursue other theories—it weakens your position.
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