Shivik's testimony was based on inaccurate information regarding the number of docks and square footage. The court found the testimony of Arthur Randall credible and based its estimation of labor costs on his testimony. The court also relied on Maine Shipyard's invoices for supplies to calculate material costs. Subsequently, Lilley brought this appeal. The court did not err when it held Daniel Lilley jointly liable with the Lilley Trust for unjust enrichment.
Equitable remedies are also available against the trustee.
One equitable remedy available to the court is unjust enrichment. Although the court found no contract between Lilley and Maine Shipyard, Lilley and the Lilley Trust received a benefit from Maine Shipyard without compensation. Thus, unjust enrichment liability is appropriate. Lilley's refusal to pay Maine Shipyard for the work from which he and the Lilley Trust benefitted further affronts equity. Lilley is a beneficiary of the Lilley Trust as well as a trustee.