Legal Question in Consumer Law in New York

We had a patio poured a week ago. Not happy we called and told them. The owner's son came and looked at the job and agreed on some of the bad areas. He told me he would take the pad up and redo. I told him i would call my husband (he's out of town). My husband told them yes we want it redone. the owner then called my husband; yelling saying he never had to take a pad up and won't do it. He also told my husband that he is putting a lein on our home on monday and then hung up on my husband. What can I do? What should I do?


Asked on 6/16/11, 7:15 am

1 Answer from Attorneys

SHAHRIAR KASHANIAN LAW OFFICES OF SHAHRIAR KASHANIAN, ESQ.,

First, contact a number of patio installers (contractors) and ask specifically what was done wrong (if anything) and how it can be rectified. Next, call the patio guy and let him know that you have spoken to other contractors and what omissions or neglect was committed. Tell him you will report him to the Better Business Bureau and your local Consumers Affairs Bureau as well as the Town Hall and all the agencies responsible for providing your patio person with applicable licenses. Tell him you will give him a chance to correct his work within ten (10) days. Follow up with him with a certified mail and certificate of mailing letter summerizing your discussion with him.

If he does not answer, send the same letter and on top write in Red Marker (SECOND NOTICE). If he still does not answer, write another letter telling him that someone else is charging him a certain amount to correct his mistake, the cost and that you will sue him for the remedial work in advance of him suing you. If still no answer, correct his work and sue him. You should make sure you take photos of all the work progress (Video is better) for the before, during and subsequent work.

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Answered on 6/16/11, 7:47 am


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