Unjust Enrichment - Illegal Contract

Construction Services Group, LLC v. MS Electric, LLC, [Ms. 2171099, June 28, 2019] __ So. 3d __ (Ala. Civ. App. 2019). The court (Donaldson, J.; Thompson, P.J., and Moore and Hanson, JJ., concur; Edwards, J., concurs in the result) reverses the Jefferson Circuit Court’s judgment in favor of MS Electric, LLC on its claim for unjust enrichment arising from services MS Electric performed as part of a subcontract with a general contractor, Construction Services Group, LLC. It was undisputed that while MS Electric possessed a valid electrical contracting license, it did not have an additional license from the state licensing board for general contractors required for jobs over $50,000. Ms. *3. MS Electric’s subcontract with Construction Services was for over $200,000. Ms. *4.

The court held that “‘current Alabama law does not recognize any exceptions to the rule that public policy will not permit recovery by an unlicensed contractor regardless of the conduct of the other party.’” Ms. *15, quoting KLW Enters., Inc. v. West Alabama Commercial Indus., Inc., 31 So. 3d 136, 138 (Ala. Civ. App. 2009).

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