Business Law: Principles for Today's Commercial Environment 3rd Edition by Marianne Moody Jennings, David Twomey, Marianne Jennings

Exercise 16

Sutcliffe Banton, dba Nemard Construction, furnished labor and materials (valued at $162,895) for improving Vicky Deafeamkpor's New York City residential property. She paid only $41,718, leaving $121,987 unpaid. Banton sued her and the jury awarded $90,000 in damages. Deafeamkpor moved for an order setting aside the jury's verdict because Banton was not properly licensed by New York City. Under NYC Code an unlicensed contractor may neither enforce a home improvement contract against an owner or recover in quantum meruit. The jury heard all the evidence regarding the materials and labor expended on Deafeamkpor's residence and concluded that the plaintiff performed satisfactory work valued at $90,000 for which he was not paid. Should the court allow the owner to take advantage of Banton and his employees and suppliers What public policy would support such an outcome Decide. [Nemard Construction Corp. v Deafeamkpor, 863 NYS2d 846]