§444-22 - Civil action. - Hawaii Statutes

     §444-22  Civil action.  The failure of any person to comply with any provision of this chapter shall prevent such person from recovering for work done, or materials or supplies furnished, or both on a contract or on the basis of the reasonable value thereof, in a civil action, if such person failed to obtain a license under this chapter prior to contracting for such work. [L 1957, c 305, §1(s 21); Supp, §166A-21; HRS §444-22; am L 1969, c 56, §4]

 

Case Notes

 

  Defendant's motion to dismiss denied; because it was feasible that plaintiff's actions constituted that of a "professional engineer acting solely in [its] professional capacity", it was not apparent that [this chapter] barred plaintiff from bringing lawsuit.  216 F. Supp. 2d 1133.

  Action to recover under this section not barred when circumstances take matter outside applicability of this chapter.  58 H. 257, 567 P.2d 824.

  Applicable even if party has knowledge that contractor has no license.  71 H. 175, 785 P.2d 1325.

  Section permits a contractor, who performs both licensed and unlicensed work, to bring an action to recover payment for the licensed portion of the work.  86 H. 137 (App.), 948 P.2d 558.

  A contract with an unlicensed contractor is not void ab initio and this section does not bar a member of the public, who is a party to such contract, from bringing suit to recover breach of contract damages from an unlicensed contractor.  92 H. 117 (App.), 987 P.2d 1015.