Superior Glass Co. v. First Bristol County National Bank

The plaintiffs are two unpaid subcontractors on a construction project. They recovered judgments against the owner on a theory of unjust enrichment, and the Appeals Court affirmed the judgments, holding that the owner had a “fiduciary duty” derived “from the peculiar combination of circumstances in this case.” Superior Glass Co. v. First Bristol County Nat’l Bank, 8 Mass. App. Ct. 356, 362 (1979). We granted the owner’s application for further appellate review. We disapprove the “fiduciary” label, but we affirm the judgments on the basis of unjust enrichment.

We summarize the judge’s findings.…