Legal Question in Construction Law in New York

Re: contract

It depends on what your contract says, but failure to do the work is probably a breach of contract. They need to hire a new plumber, or you need to terminate the contract. After all, you're not going to let them open the roof of the house now, with winter approaching, are you?

You should probably sit down with a construction lawyer to review the file and develop a strategy. Don't forget to bring your checkbook.

Re: contract

Most contracts are "time of the essence" and some have start dates that contractors must abide by unless they are delayed beyond their control. In your case it sounds like a problem between your contractor and his sub which is the contractor's responsibility. Some contracts have default provisions which give the owner the right to terminate the contractor for material breaches. However, an attorney can not advise you properly unless he or she reviews the contract and discusses the issue in detail with you.