SILER & INGBER, LLP was victorious in protecting a homeowner from an unlicensed contractor.
I find it sad when people learn a lesson the hard way. On the other hand, I understand why the Court, and the New York State legislature set up the rules in this fashion: simply put, if the legislature allowed unlicensed contractors to still get paid for work that requires a license, then that would effectively abrogate the need for the license altogether.
And that’s precisely what happened in Enko Construction Corp. v. Aronshtein. In this Supreme Court, Nassau County case, the plaintiff construction company sought payment of monies allegedly owed for the home improvement work it did in either breach of contract or quasi-contract (i.e., the reasonable value of the services rendered on equitable grounds, which is also referred to as “unjust enrichment” or “quantum meruit“). The defendant, a client of the firm, disputed the workmanship of work. There was one “small” problem with the contractor's claim: the plaintiff was not licensed to do home improvement in Nassau County.
Thus, in dismissing the complaint, the Court held as follows: “It is well settled that a home improvement contractor who is unlicensed at the time of the performance of the work for which he or she seeks compensation forfeits the right to recover damages based on either breach of contract or quantum meruit. B & F Bldg. Corp. v. Liebig, 76 N.Y.2d 689 (1990); Flax v. Hommel, 40 A.D.3d 809 (2nd Dept. 2007).”
If you require the need of a litigation firm to aggressively represent you, whether you are the plaintiff or defendant, contact SILER & INGBER, LLP at 1-877-529-4343 for a FREE CONSULTATION.
No comments:
Post a Comment