Donmar Maryland Corp. v. Hawkesworth

⁵⁷⁶ Weant, J., delivered the opinion of the Court. The question that the appellant, Donmar Maryland Corporation (Donmar), would have us answer affirmatively is the same query to which the Honorable Luke K. Burns, Jr., Circuit Court for Carroll County, correctly and negatively responded. That question, which sets forth the relevant facts as well as the issue, is: Can an unlicensed home improvement contractor recover for repairs performed on a mobile home? This question was disposed of by the granting of Summary Judgment in favor of the defendants (the appellees herein).

For purposes of that motion the following fact was, according to Donmar, either admitted or not controverted: That at the time the mobile home in question was damaged, thereby necessitating the repairs performed by Donmar, the appellees, "the owners of said mobile home, together with their minor children, were occupying the same as their home and place of residence....” On appeal Donmar concedes that Maryland case law holds unenforceable a contract made by an unlicensed person subject to the Maryland Home-Improvement Law, Maryland Annotated Code article 56, sections 245-269A. Harry Berenter, Inc. v. Berman, 258 Md. 290 , 265 A.2d 759 (1970). See also S.A.S. Personnel Consultants, Inc. v. Pat-Pan, Inc., 286 Md. 335, 341 , 407 A.2d 1139, 1143 (1979). However, it contends that the definition of the term "home improvement” contained in article 56, section 249 (c) "does not lend itself to include mobile homes.” Section 249(c) provides in pertinent part: ’’Home improvement” means the repair, replacement, remodeling, alteration, conversion, modernization, improvement, or addition to any land or building, or that portion thereof which is used or designed to be used as a residence or dwelling place; and shall include the construction, replacement, or improvement of driveways, swimming pools, porches, garages, landscaping, fences, fall-out shelters and other improvements to structures or upon land which is adjacent to a dwelling house. ⁵⁷⁷ Since this provision makes no specific reference to mobile homes, a