Legal Question in Construction Law in New York

Re: new home construction contract

The question is, what does your contract say should happen? If the Contractor has abandoned the project (and that's how it looks) you have to ask yourself if he's ahead of you. IN other words, will it cost him more to finish the job than he will get from you for the same work? If so, then face it, he's gone and you need to terminate the contract and finish the job yourself. You can sue him to give back the extra money you pay, over and above the agreed price, but that's likely going to cost more than it's worth.

If he's not ahead of you, i.e., if you have withheld enough money that it's in his interest to finish the job, the task ahead is more complex, because there is value here that may be the subject of a lawsuit down the road. In that case, you would be well advised to engage an attorney to terminate the contract, and then to hire someone to finish the work. Be careful to preserve your right to sue the old contractor for breach of contract, as you may need to roll out such a defense if he sues.

Re: new home construction contract

Depending on various factors such as length of absence, demobilization from site, notice to return to site, as well as the terms of any written contract you have with the contractor you may be in a position to place the contractor in default and seek damages such as the cost of completion. You should consult with an attorney.