Legal Question in Business Law in New York

Re: no signed contract---work not done properly

If he did the work, you owe him the money. You were aware that when he did the work he was not volunteering his services. The only defense is if he did not do the work in a workmanlike manner or if he overcharged, but overcharging is not a complete defense.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

Re: no signed contract---work not done properly

It's not clear to me whether the work was done properly or not; your title says not, your text says it was.

If he performed the work properly, and no other factors are present, he performed his part of a contract, regardless of whether there is a signed writing and you may well owe him compensation for his performance.

If the work was NOT done properly, again you may end up owing him something based on what he did perform, but it may be a different amount from the case where he did the work properly.

You need to hire an attorney to get this straightened out for you; look for someone who does construction law (I don't).

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

Re: no signed contract---work not done properly

Did you kick them off for a reason? If you asked for their services, and those services were performed without any objection from you, you are obligated to pay. Did the owner pay you and you were to pay the sub?

You should be careful that the sub does not file a Mechanics' Lien or you will have a very unhappy owner.

Re: no signed contract---work not done properly

He would have the burden of proof in court to prove the contract and that you owe him the money. It would seem that you would have a number of defenses available to you that could very well undermine his case.This area of law is our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

Law Offices of

STEVEN J. CZIK, P.C.

The Soho Building

110 Greene Street, Suite 1102

New York, New York 10012

212.413.4462

[email protected]

The information provided by The Law Offices of Steven J. Czik (LOSJC) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. LOSJC is not taking and will not take any action on your behalf and will not be considered your attorney until both you and LOSJC have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain LOSJC on terms acceptable to LOSJC, you are advised to immediately seek the services of another attorney.