Contract Requirement for Only Licensed Engineers to Perform Design Functions

In Charlebois v. Weller Assocs. (72 NY2d 587), the contract between the plaintiff and defendant, an unlicensed business corporation building contractor, expressly contained a requirement for licensed engineers to be separately retained to perform the design functions. The Court of Appeals found that, in view of the foregoing, the defendant's unlicensed status did not violate the pertinent Education Law requirements or its underlying public policy.