Unjust Enrichment: These Roofers Make An Expensive Mistake

It almost sounds like something from a movie; you wake up to construction workers tearing apart your roof. The only catch is that you never scheduled a roof replacement. As farfetched as it sounds, this situation happens more than you would think. If not handled properly, construction workers could sue the accidental new roof owners for unjust enrichment. What would you do in this situation? 

In this viral video, the homeowner luckily acted right away. The clip describes how a homeowner named Pearl woke up at 6:45 A.M. to the sound of roof work. To her astonishment, the roofers were ripping the shingles off atop her home. The roofers had a mix-up with finding the correct address. From the video, we can infer that Pearl notified the construction company, expressing surprise that she hadn’t received a heads-up before the work began incorrectly.

Unjust Enrichment: What Is It? 

Unjust enrichment occurs when one party receives benefits from another without supplying the proper payment or restitution. It is as if one party received agreed-upon benefits without fulfilling their half of the agreement. 

Unjust enrichment is the basis for litigation when someone neglects to compensate you for a service. Contractors and other long-term project companies commonly see disputes that involve unjust enrichment. 

In this case, however, the roofing company could have used unjust enrichment if the homeowner had never notified them of the mistake. Knowingly receiving benefits from the roofers without alarming them would constitute an agreement to service. In a sense, knowingly turning a blind eye to an issue like this would be an implicit agreement or contract with the roofers since they are none the wiser. 

Exceptions to Unjust Enrichment

There are two significant instances in which unjust enrichment cannot apply. These exemptions prevent people from unjustly litigating with others to gain unwarranted benefits or reparations. 

The first exemption is the gift principle. This principle prevents people from purposefully litigating after they willingly give a gift to another individual. 

The second exemption is the choice principle. This principle prevents people from giving the defendant no choice of preventing unjust enrichment. For example, someone couldn’t purposefully go to a home, re-do the roof without the owner’s knowledge, and then sue them under unjust enrichment. Although this exemption may seem applicable to the viral clip, the owner notifying the company and the roofers making an honest mistake would make that ineligible. 

How Are These Cases Typically Resolved? 

Fortunately, clear communication between the homeowner and the company resolves most situations like this. Companies that make such mistakes usually acknowledge their error and offer restitution out of pocket. The most common solution is providing new roofs free of charge, allowing homeowners to have completed roofs while companies accept responsibility.

There have been infamous cases of companies that have been less than honest and responsible. Some news stories have exposed companies that promise repairs but leave homeowners without a roof for months on end. Others go as far as to offer the homeowners a new roof with a “sizeable discount.” 

In these exceptionally rough instances, some homeowners have resolved their issues with the support of law enforcement. Others have had to use their insurance policies to repair the damages when companies refused to help. In the most severe cases, people have had to litigate to hold roofing companies accountable for their accidental damages.

Does Unjust Enrichment Apply to the Viral Video? 

At this point, you may ask yourself, “Does unjust enrichment apply to the viral video?” or “Does the woman have to pay for a new roof on her own?”. 

According to viral TikTok attorney Ugo Lord, the answer is hopeful. He first describes unjust enrichment in detail. He clarifies that a homeowner would be liable if they were to leave the roofers in the dark about their mistake. In those circumstances, the law holds the homeowner liable for compensating the roofing company for their work, regardless of whether it was originally planned for that home.

As for the viral video clip, the woman supposedly woke up to the noise early in the morning. The newscasters describe that she immediately went outside to investigate, later notifying the roofers of their mistake. Her proactiveness and honesty protected her from the consequences of unjust enrichment. 

At the end of the day, if you find yourself in an outrageous situation like this homeowner, remember that honesty and speed are the keys to protecting yourself from legal liability.