Legal Question in Construction Law in New York
new york state real estate law
I hired an un-licsened contractor who was a night mare. He was terminated off the job,turned around and liened my property along with the lumber yard and some off this subs. Now I know I can dismiss his leins as well as the subs on the grounds of them not being licsened in ny. But can I do the same with the lumber yard since they made a deal with an unlicsened GC?
2 Answers from Attorneys
Re: new york state real estate law
An unlicensed contractor cannot sue for his unpaid work. However, you will likely have to commence a lawsuit to have the liens removed. The lumber yard's liability requires more facts. Please let me know if I can be of further assistance.
Re: new york state real estate law
If the unlicensed contractor was the GC, who hired the subs and bought the materials, you have a tricky situation. On one hand, they are out of luck, because their right to maintain a lien depends on there being some sum of money that you owe to the GC. If you do not owe money to the GC (and it sure looks like you don't) then the people who sold to the GC have no right to collect from you.
However, because this is a harsh result, you likely will need to appeal an adverse decision along the way.
This is the kind of case that calls for the assistance of an attorney. There are minefields all over the terrain.
Good luck.
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