Legal Question in Construction Law in New York

contractor not committing to finish job

i signed a contract in may 05 work began 8-05 work was suppose to be finished 11-05 still not complete i owe them less money then work to be completed at my home contractor harrassing me for more money and no completion date given what are my legal recourses. thank you


Asked on 2/14/06, 5:53 pm

2 Answers from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: contractor not committing to finish job

The whole point of the contract should have been to specify a price and performance time. If it does it should go in your favor, so what does it say?

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Answered on 2/14/06, 6:20 pm
Kevin Connolly Kevin J. Connolly

Re: contractor not committing to finish job

Your rights and remedies are generally governed by your contract, but it does not look like that's going to help much. The contractor may well have violated a bunch of laws, including laws that sometimes require escrow deposits of advance payments, provisions of the lien law that require the contractor to handle money as a trust, and perhaps the Babylon Town Code governing home improvement contractors. Can't tell for sure without meeting with you, but it sure looks like you need legal assistance. Bear in mind that IF the contractor is in breach of contract, your primary remedy is to terminate the contract, complete the work and sue the contractor for the difference. You will also likely be dealing with at least one mechanic's lien...probably more...which can impact your credit rating as well as complicate any attempt you might make to sell or refinance your home.

The better time to consult a lawyer was before work started, but that's water over the dam now. The point, though, is that you should stop throwing good money after bad until you have gottenthe advice of an attorney who understands construction law.

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Answered on 2/14/06, 8:40 pm


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