Legal Question in Construction Law in New York

Contractor vs. customer

We were hired to do a very large extension on a

customers home. A building permit was required

and filed with the Incorporated Village of Garden

City along with a deposit calculated by the

percentage of the total base price of the job.

We gave the Village a deposit of $3,580.00. Upon

completion of the job, the certificate of occupancy

is to be issued to the homeowner and the deposit

refunded to us.

All areas of the job have been completed and

approved by the Village senior building inspector

except for the installation of an exterior cellar stair

railing. The homeowner will not let us install this

item. It is in the plans, and the we have the

railing, but the homeowner will not allow us on

their property to install this item. Their reason for

this is unknown to us.

Due to this one small item (approx. $500.00 total

cost) the village will not issue the C.O. and our

deposit will not be returned. The Village did

threaten the homeowner that they will be evicted

from the home since they are living there with no

C.O., but that is the only coarse of action the

village has taken.

The Village has had our deposit since March,

2000.


Asked on 3/15/01, 12:49 pm

2 Answers from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: Contractor vs. customer

I just received your post on 5-24-2001.

After not receiving an adequate answer from the party for whom you did the work, I would advise them that you will sue them in the Village Court for the monies owed under the contract/agreement/proposal.

They appear to be acting contrary to the terms thereof and appear to be preventing you from completing the work thereunder. Either that, or tack the price onto the contract and bill them...giving them a credit on the return of the deposit.

Good Luck.

RRG

[email protected]

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Answered on 5/24/01, 4:47 pm
Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Contractor vs. customer

Suggest you have your attorney send the home owner a demand letter. It that does not get their attention, ask your attorney to sue them in district court.

Before you spend money on attorneys, make a phone call to the customer to resolve the problem.

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Answered on 5/27/01, 9:39 am


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