Vertex, Inc. v. City of Waterbury

Vertex, Inc. (Vertex) (plaintiff) contracted with the City of Waterbury (City) (defendant) in June 1999 for Y2K computer-systems work, then in July 1999 proposed additional work to address problems it identified, though it was disputed whether the City accepted this second proposal. Vertex performed the additional work, but the City refused to pay, prompting Vertex to sue including an unjust enrichment claim. At trial, Vertex requested a jury instruction on the traditional unjust enrichment elements — that it provided services, the City benefited, the City unjustly failed to pay, and the City's refusal was detrimental to Vertex — but the court instead instructed the jury on implied-in-fact contract principles; after a first mistrial and a retrial resulting in a verdict for the City, Vertex moved to set aside the verdict based on the improper instruction.