In the fast-paced business environment of Miami, not every deal is documented perfectly—and even when there is a written agreement, parties often find themselves in court over the value of services, goods, or funds that changed hands. In these cases, unjust enrichment is a powerful and flexible legal claim that Florida courts allow as either a primary or alternative basis for recovery.
At Recalde Law Firm, P.A., we regularly raise unjust enrichment claims as part of a comprehensive litigation strategy—especially in complex commercial cases where contract terms are unclear, disputed, or contested by the other side.
What Is Unjust Enrichment Under Florida Law?
Unjust enrichment is an equitable cause of action that allows a party to recover when another has received a benefit that would be unfair to retain without compensation. It does not require a breach of contract and can stand on its own or serve as a fallback if the court declines to enforce a contract.
To succeed on a claim for unjust enrichment in Florida, a plaintiff must show:
1. The defendant received a benefit
2. The defendant knew or appreciated the benefit
3. The defendant voluntarily accepted and retained the benefit
4. It would be inequitable for the defendant to keep the benefit without paying for it
When Do We Raise Unjust Enrichment?
At Recalde Law Firm, we often include unjust enrichment claims as a protective alternative to breach of contract. For example:
• When the other party disputes the existence or enforceability of the contract
• When no written contract exists, but services or value were clearly provided
• When the agreement is partially performed but terms are contested
• When parties operated on an informal understanding or course of conduct
Raising unjust enrichment doesn’t mean we’re admitting the contract is invalid—it means we’re prepared for every angle the other side might take.
Common Scenarios in Miami Litigation
We see unjust enrichment arise in a variety of business and personal disputes, including:
• Service providers or vendors who weren’t paid but lacked a formal contract
• Real estate partners who invested in or improved a property without a formal equity agreement
• Joint ventures where one party walked away with the benefit of shared efforts
• Parties who receive upfront funds, deposits, or materials and then try to back out of the deal
In many of these cases, we assert unjust enrichment not because the contract failed—but because the defendant is trying to avoid their obligations under the guise of contract ambiguity or denial.
Defensive Use of Unjust Enrichment
Unjust enrichment can also be raised in defense—when someone claims you owe them, but the benefit was not actually unjust (e.g., it was a gift, unsolicited, or already compensated). These cases are fact-driven and equity-based, making it essential to have a Miami attorney who knows how to present your side with clarity.
Why Choose Recalde Law Firm, P.A.
Recalde Law Firm represents businesses and individuals in high-stakes unjust enrichment litigation in Miami and throughout Florida. Whether pursuing recovery or defending against a claim, we use unjust enrichment strategically and carefully—always with an eye on preserving your strongest legal position.
We help you:
• Evaluate whether to assert unjust enrichment alongside or in the alternative to a contract claim
• Gather strong evidence that a benefit was conferred and retained
• Navigate the equitable factors that Florida courts consider
• Avoid common pitfalls that can undermine a case
Schedule a Consultation
If you’ve provided value and weren’t paid—or you’re facing an unjust claim—let’s talk. We’ll build a litigation strategy that fits your case, protects your rights, and prepares for every angle.
Recalde Law Firm, P.A.
Miami, Florida
Phone: (305) 792-9100
Email: [email protected]
Trusted counsel for business litigation, real estate disputes, and equity-based claims throughout Miami-Dade and South Florida.
