A construction contractor (Dashiell) sued a county for extra work costs and delays, claiming over $2 million in damages and seeking to recover $326,621 in withheld liquidated damages. The county moved to dismiss, arguing the contractor missed filing deadlines in the contract and couldn't pursue unjust enrichment claims because a written contract already covered the dispute. The court sided with the county, ruling that when parties have a signed contract addressing the issue, you cannot bypass it by claiming unjust enrichment instead.
If you sign a written contract with a client, you must follow its claim procedures and deadlines—you cannot ignore them and sue for unjust enrichment later
Always meet contract deadlines for filing disputes and change order requests; missing deadlines can bar your entire claim, even if the work was legitimate
Unjust enrichment claims only work when there is no express written contract; once a contract exists, it controls the dispute process