Perkins, LLV v. RMR Building Group, LLC and Robert M. Ryasn, II

Omaha, Nebraska commercial law litigation lawyers represented the parties in a breach of contract case.

Ryan was the manager and sole mem-
ber of RMR, a general contractor for commercial properties.
Michael Perkins is the sole owner of Perkins, L.L.C.; Perkins
Properties, Inc.; and MHP Development, LLC. In this opin-
ion, we will refer to these three companies collectively as
“Perkins.” Perkins hired RMR to redevelop a shopping center
that Perkins owned in Omaha, Nebraska.
The parties’ written contract provided for a “cost-plus” bill-
ing arrangement. Under the parties’ arrangement, RMR would
invoice Perkins in advance for the construction costs of the
redevelopment. Perkins would pay RMR the invoiced amount,
and RMR would then pay the subcontractors and suppliers
from the funds Perkins provided for the construction costs.
Each invoice would also include RMR’s fee, which was calcu-
lated as 4½ percent of the invoiced construction costs. Thus,
each invoice included an amount to pay for the construction
costs, plus RMR’s fee.

n its judgment, the district court found that by failing to
pay for the HVAC equipment and still receiving its related
4½-percent fee, RMR breached its contract with Perkins. It
also found that RMR was liable under Perkins’ claims for
money had and received and unjust enrichment. The court fur-
ther found that RMR did not commit conversion or fraudulent
misrepresentation.

Affirmed