Loader v. Scott Constr. Corp – Case Brief Summary (Utah)

In Loader v. Scott Constr. Corp., 681 P.2d 1227 (Utah 1984), the plaintiff installed aluminum siding and rain gutters on various projects for Scott, as general contractor.

The latter sought to justify nonpayment on the ground that the subcontractor did not have his own contractor's license when the work was done.

Rejecting this defense, the court said:

"Scott is presumed to possess expertise in the contracting business. Scott, therefore, is not in need of the protection the licensing statute was intended to provide the lay public. No public policy would be served by allowing Scott to invoke application of the common law rule denying relief to an unlicensed contractor." Id. at 1229.