Legal Question in Construction Law in New York
Bathroom renovations
My senior citizen parents hired a contractor to renovate their bathroom and make it handicap accessible.
The sub-contractors did a poor job of installing the mortar shower pan causing water to pool in the center of it instead of draining. Also, the drain itself is raised above the floor of the shower resulting in incomplete drainage, both causing a slip/fall hazard.
The threshold to the shower area was also incorrectly installed. It has a marble top to it that extends out 3/4'' to the inside of the shower, and 1'' toward the outside causing a trip hazard when entering or exiting.
This morning the contractor was here demanding an advance payment of $3000 even though the contract clearly states after the initial payment no more money is due until all of the work is complete, which it is not. (no sink, toilet or grab bars installed yet)
While here, he was shown the 2 hazards.
When his demand for money in advance was politely declined he stormed out stating ''no more work until I'm paid''.
Now, this afternoon his wife left a message on my parents answering machine stating that they no longer want to complete the job and have offered to reduce the bill a very small amount to get out of the contract.
What should they do?
1 Answer from Attorneys
Re: Bathroom renovations
Since the whole purpose of the job was to make the bathroom handicap accessible, the contractor's obviously incompetent. You do not want him to finish the job.
Some questions. First, did you get an insurance certificate from the contractor? If so, then you should suggest that the contractor notify his carrier about the claim before you do.
Normally, the cost of tearing out and re-doing work is not covered by insurance. However, when the foulup is caused by a subcontractor, the contractor's coverage may respond due to a little wrinkle known as the subcontractor exception.
Preserve that tape: it's your best grounds for preserving the claim while throwing this bozo off the job.
Get a new contractor. Actually write a proper contract this time. (It would have cost less than $2,000 to do it right the first time, which is less than the likely loss due to the contractor not being responsible for attorney's fees to sort this mess out.)
Sue that contractor, but cast the complaint in such a way as to trigger the contractor's insurance.
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