Legal Question in Construction Law in Hawaii

Sue an unlicensed contractor

Can I sue an unlicensed contractor for shoddy work done to my home?

My concern is with the structural integrity. My name is on the building permit as owner/builder, the structure and all contracted work has been completed about six months ago. What can I do?


Asked on 6/07/07, 4:03 am

1 Answer from Attorneys

J. Norman Stark J. Norman Stark , Attorney, Architect

Re: Sue an unlicensed contractor

Dear Homeowner: I am not admitted to practice law in Hawaii, but I can advise you of the principles of laws that apply in most jurisdictions.

Anyone can sue anyone or any entity for anything at any time, in any court. However, whether or not they can prevail is another matter.

You should be able to sue your unlicensed contractor. However, you evidently acted as your own builder, having applied for the permit and assumed that responsibility. Accordingly, you may be barred by the legal doctrine of assumption of the risk.

I recommend you immediately seek experienced construction counsel to assist and advise you. Present him or her a written chronology of dates and events, referencing documents, etc., together with all of the facts, supported by photographs, videos, or whatever else you may have. Next time, retain Counsel first!!!

Good luck!

Sincerely, J. Norman Stark, Cleveland, Ohio.

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Answered on 6/07/07, 2:49 pm


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