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Palma Realty Assocs. v. Bldg Oceanside LLC

Oral Agreement Definite, Specific Barring Quasi-Contract Claim Against Premises' Owner

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Decision, Order and Judgment

*1 In this lawsuit, plaintiff Palma Realty Associates Ltd. (Palma) seeks to recover money allegedly due to it for work it performed on a construction project. Defendant Bldg Oceanside LLC (Oceanside) is the owner of the premises. Oceanside entered into a primary construction contract with AARK Inc. (AARK). AARK subcontracted with defendant Master Development, Inc. d/b/a Ross Ramsey Excavation and Concrete (Master Development), and Master Development signed a subcontract with Palma pursuant to which Palma was to supply building, construction, and excavation machinery and equipment for Master Development’s use. Palma asserts that it was not paid the $97,430.00 due to it under its contract with Master Development. Its complaint originally asserted a first cause of action for a mechanic’s lien and a second cause of action based on an account stated theory. Palma has since discontinued these causes of action. What remains is Palma’s third cause of action, which is based on breach of contract or quasicontract. Both defendants have answered the complaint.*2

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