Must an Unlicensed Expert Witness be Paid?

If your expert witness implodes, are you still obligated to pay them? Probably.

In AV Builder Corp. v. Law Offices of Craig D. Fuller, Docket Nos. 61569 and 62934, 2014 Nev. Unpub. LEXIS 1616 (Nev. 2014) an expert witness sued “for payment for destructive testing services that AV Builder performed in relation to Fuller’s participation in construction defect litigation. Claiming that AV Builder lacked the required license when it contracted to perform and rendered its services, Fuller filed a motion for summary judgment, arguing that NRS 624.320 barred AV Builder’s suit.” Unlicensed contractors in Nevada have no legal right to payment, or so argued the lawyer relying on the statute.

Except “established Nevada precedent demonstrat[ed] that, although NRS 624.320 prohibits direct recovery for compensation, an unlicensed contractor may nonetheless be able to recover under certain alternative theories, such as unjust enrichment or substantial compliance.” The court did not ultimately conclude whether the expert could recover, instead remanding to the district court for further proceedings. Whether the expert helped or hurt the client’s case, even an unlicensed one may have the ability to get paid.