U.S. Court of Appeals for the Sixth Circuit, 2004

Allied Capital Corp. v. Larry Builte Construction, Inc.

Allied Capital Corp. v. Larry Builte Construction, Inc.
U.S. Court of Appeals for the Sixth Circuit · Decided November 19, 2004 · Sutton, Cook, Aldrich
113 F. App'x 163

Allied Capital Corp. v. Larry Builte Construction, Inc.

Opinion

PER CURIAM.

Building contractor Larry Builte Construction, Inc. appeals from the “Bench Trial Opinion and Order” of the district court resolving a payment dispute among Builte, the construction projects’ owner-developers, and Builte’s excavation subcontractor. The district court rejected Builte’s breach-of-contract claim against the owner-developers, but awarded it damages under a theory of unjust enrichment for its partial completion of the projects. Builte now challenges both aspects of the decision, arguing that it deserves contract damages and that the court failed to award it sufficient damages based on unjust enrichment when the court did not order the owner-developers to pay enough to cover what Builte still owes its electrical and plumbing subcontractors.

Having had the benefit of oral argument and having studied Builte’s brief (the lone brief filed in this case), the joint appendix, and the applicable law, we are persuaded that the district court did not clearly err in its factual findings and that it appropriately applied the law to those facts. The issuance of a further detailed written opinion by this court would therefore be largely duplicative and serve no useful purpose. Accordingly, we affirm the aspects of the district court’s judgment that Builte appealed for the reasons set forth in that court’s opinion.

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