Legal Question in Construction Law in New York

bad contractor

we bought a deli in 2005, we hired a conractor that reccommended an architect for the plans. the architect created the floor plans and permits were rejected because the architect didnt follow the codes. we hired another architect from the area and we recieved permits in Auf of 2007. The contractor has been working all this time but very slowly since supposedly he has no workers. We have paid him everything and then some, more than what was stated in the contract. He hasn't shown up all week and we only need 10 days of work for the store to finish. He has been saying that he was going to finish for 4 months now. What can we do? We over paid him, he has no workers and we cant get in touch with him. We have lost income since we cant operate as a store. we dont know what step to take next. we need help!


Asked on 5/10/08, 2:46 pm

2 Answers from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: bad contractor

1. You must give written notice to the contractor to appear and finish the job. The notice must be sent in accordance with the notice provisiion in the contract (if any).

2. The notice must specify what is to be done. The notice must specify when the contractor is to return to the job (3 days). The notice must specify what happens if he does not return to work (off job and backcharge).

3. If after service the contractor fails to perform under the terms of the notice, terminate the contractor, hire another contractor to complete construction, and then commence an action for the damages. Since your present contractor is fully paid, the damages would be the cost paid to the second contractor to finish the work.

Mike.

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Answered on 5/11/08, 9:09 am
jeffrey lazroe Jeffrey A. Lazroe attorney at law

Re: bad contractor

I think that you have been taken. It doesn't take three (3) years to finish the interior of a deli.

And it doesn't take 9months to do so either.

If you have a contract, the contractor is bound by the terms of the contract. He may also be criminally liable if he didn't deposit your monies in a trust account.

You are paying mortgage payments, lease payments, or rent payments, you have lost the good will that the store had in 2005. Your competitors are probably laughing all the way to the bank.

Contact a lawyer right now. If you would like to discuss this matter further with me, please feel free to contact me. Our offices represents hundreds of small business and has done so for more than 35 years.

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Answered on 5/10/08, 4:18 pm


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