Can Limitation Be Circumvented by Filing an Unjust Enrichment Claim?
This file examines whether an unjust enrichment claim can be brought after a contractual claim for payment arising from a construction contract was dismissed on limitation grounds. The opinion concludes that such a claim is not an appropriate means to evade the statute of limitations, because the parties’ relationship is governed by a clear contract and the legal basis of a previously time‑barred claim should not be changed to revive it. It is preferable to search for new facts that may affect the limitation period, such as an acknowledgment of debt, a settlement, or subsequent payments.
Completed
August 2026
Jurisdiction
Saudi Arabia
Work type
Construction dispute
Document language
Arabic
Client type
Construction company
The matter
Summary of the issue and challenge: The issue is whether a new claim based on unjust enrichment can be brought to recover payments arising from construction works after the original claim was dismissed for limitation. The legal challenge is that the parties’ relationship is founded on an existing contract, making an unjust enrichment claim often unsuitable; unjust enrichment applies where there is no contractual or statutory basis. Recharacterising a contractual claim as unjust enrichment may be viewed as an attempt to circumvent limitation and relitigate the same right under a different legal label.
Work performed
CounselO reviewed the facts and documents concerning the payment claim under the construction contract and assessed the viability of bringing a new unjust enrichment claim after the original claim was time‑barred. CounselO concluded that this route is generally inappropriate because the parties’ relationship rests on a clear contract, and unjust enrichment cannot be used to circumvent limitation or relabel a previously time‑barred claim. It recommended focusing on identifying new facts that could affect the limitation period calculation, such as an acknowledgment of debt, a settlement, or subsequent partial payments.
Outcome or value delivered
Declined to take on the matter.
This sample demonstrates professional experience only. Details may be modified or withheld to protect confidentiality, and past work or outcomes do not guarantee the result of another matter.