New York  |  Construction Law

You can't sue NYCHH unless you have a contract with them. You must sue the General Contractor. "Pay when paid" clauses are generally void against public policy so the GC can't use Brooklyn Hospital's non-payment as an excuse not to pay you.

Fortunately for you, you are owed under $25,000.00 and can bring an action in New York City Civil court, which is far less expensive and generally quicker than Supreme Court.

Your next step is to contact a construction litigation attorney because it appears the GC isn't going to pay without a lawsuit or the threat of one.

Hope this is helpful.

I agree with Mr. Isaacs. Pay when paid contracts are illegal under New York law. You should be commencing an action against the general contractor in NY City Civil Court.

Once you have a judgment, you may be able to obtain money from NYCHH from a turnover order. Essentially, NYCHH owes money to GC. GC owes you money. From judgment you may be able to have NYCHH deliver the GC's money to you.

Mike.