Legal Opinion
Charlebois v. J. M. Weller Associates, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided March 31, 1988PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Casey, J.
At issue on this appeal is whether a construction contract between the owner and the contractor, whereby the contractor agrees not only to perform the construction of the project but also to be responsible for furnishing the design, is void as against public policy since the contractor is neither a licensed architect nor a licensed engineer. On the facts of this case, Supreme Court correctly declared that the contract is valid and enforceable.
In January 1986 the parties entered into an agreement, called a "design-build” contract, for the construction by defendant…
2Cases cited10 opinions
- Bronold v. . EnglerNew York Court of Appeals · 1909
- American Store Equipment & Construction Corp. v. Jack Dempsey's Punch Bowl, Inc.New York Supreme Court · 1939
- American Store Equipment & Construction Corp. v. Jack Dempsey's Punch Bowl, Inc.New York Court of Appeals · 1940
- Bonwell v. StoneAppellate Division of the Supreme Court of the State of New York · 1987
- American Store Equipment & Construction Corp. v. Jack Dempsey's Punch Bowl, Inc.Appellate Division of the Supreme Court of the State of New York · 1939
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3Cited by4 opinions
- Charlebois v. J.M. Weller Associates, Inc.New York Court of Appeals · 1988
- Ralston Purina Co. v. Arthur G. McKee & Co.Appellate Division of the Supreme Court of the State of New York · 1990
- Cupples Products Division of H.H. Robertson Co. v. Morgan Guaranty Trust Co.Appellate Division of the Supreme Court of the State of New York · 1993
- Empire Magnetic Imaging, Inc. v. Comprehensive Care of New York, P. C.Appellate Division of the Supreme Court of the State of New York · 2000