Prevailed at trial under a theory of quantum meruit for client emergency services and biohazard cleanup contractor against property owner/landlord. An overdose death had occurred on the property, and our client was called in to clean and rid the house of contaminants. Property owner was unavailable at the time of the emergency, and the work was authorized on the his behalf by an insolvent tenant. Landlord denied liability for payment and retained defense counsel. After our numerous attempts to negotiate settlement led to no offer from the landlord, we proceeded to trial in the Taunton District Court, where we successfully argued that the landlord was liable for the fair market value of the services rendered due to the emergency nature of the work and the fact that the landlord was the primary beneficiary of the services. Although property owner argued that he had no advance knowledge of work and did not authorize the contract, judgment entered for the contractor in the amount invoiced. We proceeded to levy and suspend the execution on the judgment, forcing the owner to promptly pay off the judgment, including post-judgment interest and legal fees.
Howard Goldman was a guest on a radio talk show “Let’s Talk Real Estate” on Wednesday, November 2 at 11:30am. Let’s Talk Real Estate delivers real estate education and expert perspectives in an informative and entertaining way. You may