Editor's Notes

The use of unlicensed trade subcontractors can be potent ammunition when a project owner asserts claims against a contractor for deficient work. How should this evidence be treated when the claimant attempts to use it to influence the fact finder?

A condominium association sued the builder of the project for defective construction. Statements indicating the unlicensed status of two key subcontractors were admitted into evidence during the jury trial. However, the trial judge refused to instruct the jury that the use of unlicensed subs was permissible.

The other case in this issue involves a written subcontract agreement that was never signed by either party. The contractor and subcontractor signed eight change orders, each of which referenced the unsigned subcontract. Was the arbitration clause in the subcontract binding on the parties?