§444-26  Contractors recovery fund; use of
fund; person injured; fees.  (a)  The board is authorized to establish and
maintain a contractors recovery fund from which any person injured by an act,
representation, transaction, or conduct of a duly licensed contractor, which is
in violation of this chapter or the rules adopted pursuant thereto, may recover
by order of the circuit court or district court of the judicial circuit where
the violation occurred, an amount of not more than $12,500 per contract, regardless
of the number of persons injured under the contract, for damages sustained by
the act, representation, transaction, or conduct.  Recovery from the fund shall
be limited to the actual damages suffered by the claimant, including court
costs and fees as set by law, and reasonable attorney fees as determined by the
court; provided that recovery from the fund shall not be awarded to persons
injured by an act, representation, transaction, or conduct of a contractor
whose license was suspended, revoked, forfeited, terminated, or in an inactive
status at the time the claimant entered into the contract with the contractor.



(b)  For purposes of this chapter, "person
injured" or "injured person" means and is limited to owners or
lessees of private residences, including condominium or cooperative units, who
have contracted with a duly licensed contractor for the construction of
improvements or alterations to the owners' or lessees' own private residences
and owners or lessees of real property who have contracted with a duly licensed
contractor for the construction of the owners' or lessees' own private
residences on the owners' or lessees' real property.



(c)  When any person applies for a contractors
license, the person shall pay, in addition to the person's original license
fee, a fee of $150 for deposit in the contractors recovery fund, and a fee for
deposit in the contractors education fund as provided in rules adopted by the
director pursuant to chapter 91.  In the event that the board does not issue
the license, these fees shall be returned to the applicant. [L 1973, c 170, pt
of §1; am L 1976, c 144, §1; am L 1977, c 127, §1 and c 152, §2; am L 1983, c
201, §4; gen ch 1985; am L 1989, c 209, §1; am L 1994, c 132, §2; am L 1995, c
20, §8]