Burr Alert: Ground Control, LLC v. Capsco Industries, Inc., et. al.: Opening the Door to Claims by Unlicensed Contractors in Mississippi

Articles / Publications

 

The Supreme Court held that an unlicensed 2nd tier subcontractor may bring claims against a 1st tier subcontractor with which it contracted for unjust enrichment and quantum meruit, for its actual costs, at least where both parties to the contract were unlicensed, and both were aware of the sub-subcontractor's failure to comply with licensing under Section 31-3-15.

In Ground Control, a plaintiff sub-subcontractor, Ground Control, LLC ("Ground Control"), an unlicensed, out-of-state construction firm, was hired by subcontractor Capsco Industries ("Capsco"), another unlicensed, out-of-state contractor, to perform work on a project located in Biloxi, Mississippi, owned by Harrah's Casino. Neither Harrah's nor the general contractor, W.G. Yates and Sons ("Yates"), were parties to the Ground Control-Capsco contract. Both Ground Control and Capsco were aware, when signing the contract in December 2007, that Ground Control was not licensed to do construction contracting in Mississippi, in violation of Section 31-3-15. Ground Control performed work on the project for almost a year, installing water, sewage, and storm-drain lines, until it was terminated by Yates in October.

To read the announcement, click here.

 

 

 

Burr
Jump to Page

Schedule a Free Consultation

About Burr & Forman Sports Law

The Burr & Forman Sports Law team includes attorneys from a variety of legal and college athletic backgrounds, who provide counsel on marketing, licensing and other agreements. The team, which includes NFLPA certified contract advisors, has represented professional athletes in marketing and other deals, negotiated NIL contracts with NCAA coaching legends, represented professional sports organizations, and negotiated deals with major sporting television networks.

We use cookies to improve your website experience, provide additional security, and remember you when you return to the website. This website does not respond to "Do Not Track" signals. By clicking "Accept," you agree to our use of cookies. To learn more about how we use cookies, please see our Privacy Policy.

Necessary Cookies

Necessary cookies enable core functionality such as security, network management, and accessibility. These cookies may only be disabled by changing your browser settings, but this may affect how the website functions.


Analytical Cookies

Analytical cookies help us improve our website by collecting and reporting information on its usage. We access and process information from these cookies at an aggregate level.