Gallagher v. Leary

In Gallagher v. Leary, 164 Vt. 633, 674 A.2d 787 (1996) (mem.), the Court decided that failure of the architect to obtain a license could not be grounds for a suit for return of the architect's fee. In reaching that decision, we noted that "the licensing statute itself does not authorize recovery of fees." 164 Vt. 633, 674 A.2d at 788. Subsection 122(b) of the licensing statute provides that a person who violates the statute is "guilty of a misdemeanor and shall be fined not more than $ 5,000.00," but the statute does not specify other penalties, nor recovery of design fees from violators. 164 Vt. at 633-34, 674 A.2d at 788. Moreover, recovery of payments is not necessary to effectuate the policy of the licensing statutes; thus, the Court saw "no reason to read into the statute an additional penalty not established by the Legislature." 164 Vt. at 634, 674 A.2d at 788.