Jones v. Phillipson

Opinion of the Court by

ACOBA, J.

We hold that while Hawai'i Revised Statutes (HRS) § 444-22 (1993) bars an unlicensed contractor from maintaining an action to recover for contracting services, where the other party to the contract is a member of the general public, that party can maintain an action on the contract against the unlicensed contractor.

We further hold that where such a party violates the owner-builder exemption under HRS § 444-2(7) (1993) by selling or leasing the subject property within one year of completion, that party may be subject to the sanctions imposed under HRS §…