Hooks v. Pickens
Hooks v. Pickens
Opinion
Jimmie Lucile Hooks desired to remodel a portion of her residence. She engaged an architect, George Hunter, Jr., to draw the necessary plans. Hunter suggested to Hooks that she employ Theodore Pickens d/b/a Pickens Home Repair ("Pickens") to complete the remodeling work. Hooks and Pickens entered into a contract for the remodeling work. Ultimately, Hooks became dissatisfied with Pickens's work and she refused to pay him.
Pickens then sued Hooks, alleging breach of contract and seeking $8,685 for labor, materials, and interest. Hooks counterclaimed seeking damages for poor workmanship and specified damages in the amount of $1,900, which she had expended to complete the remodeling work to her satisfaction. Hooks filed a motion for a summary judgment, arguing that Pickens, who was not licensed by the Home Builders Licensure Board, had no standing to sue alleging a breach of contract.See Ala. Code 1975, §
In 1992, the Alabama Legislature enacted a statutory scheme designed "to regulate the residential home building and remodeling construction industries." See Ala. Code 1975, §
"One who constructs a residence or structure for sale or who, for a fixed price, commission, fee, or wage, undertakes or offers to undertake the construction or superintending of the construction, of any residence or structure which is not over three floors in height and which does not have more than four units in an apartment complex, or the repair, improvement, or reimprovement thereof, to be used by another as a residence when the cost of the undertaking exceeds ten thousand dollars ($10,-000)."
§
In order to determine whether Pickens was properly awarded damages on his breach-of-contract claim, we must construe certain sections of the home builders licensure statute.
Blackmon v. Brazil,"`"In determining the meaning of a statute, this Court looks to the plain meaning of the words as written by the legislature. As we have said:
"`"`"Words used in a statute must be given their natural, plain, ordinary, and commonly understood meaning, and where plain language is used a court is bound to interpret that language to mean exactly what it says. If the language of the statute is unambiguous, then there is no room for judicial construction and the clearly expressed intent of the legislature must be given effect."'"'
"Richardson v. Terry,
893 So.2d 277 ,283 (Ala. 2004) (quoting DeKalb County LP Gas Co. v. Suburban Gas,729 So.2d 270 ,275-76 (Ala. 1998)). `"When ascertaining legislative intent, statutes which are in pari materia . . . must be interpreted as a whole in light of the general purpose of the statute."' Ex parte Berry-hill,801 So.2d 7 ,10 (Ala. 2001) (quoting Kirkland v. State,529 So.2d 1036 ,1038 (Ala.Crim.App. 1988))."
The legislature expressed its intent in enacting the home builders licensure statute in §
"In the interest of the public health, safety, welfare, and consumer protection and to regulate the home building and private dwelling construction industry, the purpose of this chapter, and the intent of the Legislature in passing it, is to provide for the licensure of those persons who engage in home building and private dwelling construction, including remodeling, and to provide home building standards in the State of Alabama. . . . Home builders may pose significant harm to the public when unqualified, incompetent, or dishonest home building contractors and remodelers provide inadequate, unsafe or inferior building services. . . ."
Thus, the purpose behind the licensing requirements of the home builders licensure statute is the protection of the public from "unqualified, incompetent or *Page 1032
dishonest home building contractors and remodelers." In furtherance of the protection of the public, the legislature made engaging in the home-building business without a license a Class A misdemeanor. §
However, the legislature determined that certain individuals would not be required to be licensed. Those individuals, as enumerated in §
"(1) Any employee of a licensee who does not hold himself or herself out for hire or engage in contracting, except as such employee of a licensee.
"(2) An authorized employee of the United States, the State of Alabama, or any municipality, county, or other political subdivision, if the employee does not hold himself or herself out for hire or otherwise engage in contracting except in accordance with his or her employment.
"(3) General contractors holding a current and valid license, issued prior to January 1, 1992, under Sections
34-8-1 through34-8-27 ."(4) Licensed real estate agents operating within the scope of their respective licenses on behalf of clients.
"(5) Owners of property when acting as their own contractor and providing all material supervision themselves, when building or improving one-family or two-family residences on such property for the occupancy or use of such owners and not offered for sale."
Because Pickens does not contest that he is a residential home builder as defined in §
The testimony at trial established that Hooks, through her son Darrell Hooks, applied for a building permit with the City of Birmingham. The service manager and custodian of records for the building department of the city, Cory Smith, testified that "[w]hen an owner comes in and wishes to take out an application for a permit, we have them sign an affidavit stating that *Page 1033
they are going to act as the general contractor for the work being done." According to Smith, a homeowner who signs such an affidavit is exempted from the protection of the statute. However, Pickens did not produce a copy of an affidavit signed by either Hooks or her son Darrell as her agent, and, in fact, Smith testified that the building department had no such document. Thus, Hooks contends that the trial court's apparent conclusion that she applied for the exemption under the statute is not supported by the evidence and, therefore, the trial court's judgment must be reversed. In addition, Hooks argues that she could not have qualified for the exemption because she did not "provid[e] all material supervision" herself, as §
We see an even more basic reason that Pickens could not have availed himself of Hooks's exemption, provided she qualified for one — the language of the home builders licensure statute precludes it. Section
Even if §
REVERSED AND REMANDED.
THOMPSON, PITTMAN, MURDOCK, and BRYAN, JJ., concur.
Reference
- Full Case Name
- Jimmie Lucile Hooks v. Theodore Pickens D/B/A Pickens Home Repair.
- Cited By
- 6 cases
- Status
- Published