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AMERICAN TOWERS OWNERS v. CCI MECHANICAL12/20/1996
itution designed to restore to a plaintiff a benefit unjustly enjoyed by a defendant. Commercial Fixtures, 564 P.2d at 776.
The doctrine is designed to provide an equitable remedy where one does not exist at law. In other words, if a legal remedy is available, such as breach of an express contract, the law will not imply the equitable remedy of unjust enrichment. Mann v. American Western Life Ins. Co., 586 P.2d 461, 465 (Utah 1978) ("Recovery in quasi contract is not available where there is an express contract covering the subject matter of the litigation."); Davies v. Olson, 746 P.2d 264, 268 (Utah.Ct.App. 1987) ("Recovery under quantum meruit presupposes that no enforceable written or oral contract exists."). In this case, each defendant is party to a construction contract which addresses the specific subject matter of the Association's unjust enrichment claim. The contracting parties were apparently satisfied with each other's performance because they each paid the contract price and accepted the work performed as meeting their contract terms. The Association, a stranger to these contracts, cannot now demand that defendants adjust the contract price by complaining that defendants were unjustly enriched. See Knight v. Post, 748 P.2d 1097, 1101 (Utah.Ct.App. 1988) (denying quantum meruit claim against nonparty to construction contract).
The district court's other conclusions regarding this claim are also correct. The Association did not confer any benefit upon any of the defendants and therefore cannot claim that defendants have been unjustly enriched. Any enrichment received by defendants was not to the detriment of the Association because it did not pay any of the consideration which defendants received under their contracts. Finally, defendants' retention of the benefits under their construction contracts was not unjust. Defendants all provided services and materials in exchange for their contract price. That value was accepted as sufficient and appropriate. We conclude as a matter of law that the construction defendants were not unjustly enriched.
IMPLIED WARRANTY OF HABITABILITY
The Association further asserted an implied warranty of habitability claim. The district court held that this claim "fails as a matter of law because the defendants were not lessors of residential rental units, and Utah does not recognize such legal claims." The Association concedes that Utah law does not recognize such an action in the context of residential sales but urges this court to extend the law to this area.
In Wade v. Jobe, 818 P.2d 1006 (Utah 1991), this court held that a landlord of leased residential property may be liable for breach of an implied warranty of habitability. We reasoned that such a warranty is necessary because tenants lack the skill, means, and bargaining power to ensure the habitability of leased premises. Id. at 1010. However, we have not extended such a warranty to purchasers of residential property.
In Maack, the court of appeals explained:
The main policy reasons behind extending an implied warranty of habitability to residential leases are the unequal bargaining position of the parties and the prospective tenant's limited ability to inspect and repair the property. These policy reasons are not present to the same degree in the purchase of residential property. The purchaser has the right to inspect the house before the purchase as thoroughly as that individual desires, and to condition purchase of the house upon a satisfactory inspection report. Further, if there are particular concerns about a home, the parties can contract for an express written warranty from the seller. Finally, if there are material latent defec
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