4561. Damages--All Payments Made to Unlicensed Contractor Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 A person who pays money under a contract to an unlicensed contractor may recover all compensation paid to the unlicensed contractor under the contract. If you decide that [name of plaintiff] has proved that [he/she/it] paid money to [name of defendant] for services under the contract and that [name of defendant] has failed to prove that [he/she/it] was licensed at all times during performance, then [name of plaintiff] is entitled to the return of all amounts paid, not just the amounts paid while [name of defendant] was unlicensed. The fact that [name of plaintiff] may have received some or all of the benefits of [name of defendant]'s performance does not affect [his/her/its] right to the return of all amounts paid. ________________________________________________________________________________ New June 2016