Legal Question in Construction Law in New York

bathroom ripout

I'm a handyman in Nassau county NY. Feb. of this year i remodeled a bathroom in Bellmore N.Y. The materials were supplied by the homeowner(marble tile). The interior walls of the bath were sub-standard(unlevel). The homeowner was informed of the condition and was told of two different installation techniques. One considerably less expensive than the other. Homeowner chose to save money. job was paid for in cash. homeowner suppiled left over tile(second hand) after job was done,as well as could be expected,homeowner now wants full bath ripped out and re-done. im unlicensed,no work comp,no insur. homeowner filed a complaint to office of consumer affairs. violation of local law 6-1970:section 21-11.2-working without a license. no reciecpt was given to homeowner for cash rec. i must appear 12/19/2007@ consumer affairs. should i hire an att. or not?


Asked on 12/17/07, 10:33 am

2 Answers from Attorneys
Kevin Connolly Kevin J. Connolly

Re: bathroom ripout

Well, if your plan is to deny doing the work because you never issued a receipt for the payment, then you should not hire an attorney, because any attorney worthy of the name will refuse to assist you in presenting the above "defense." If your plan is to get licensed and go back and comply with the homeowner's demand, then an attorney might be useful in negotiating a reduced fine, but when you tote up all the costs you're going to incur (license, attorney, fines, work) you might be better off consulting a bankruptcy attorney instead.

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Answered on 12/17/07, 10:37 am
NEAL SPECTOR, ESQ. NEAL S. SPECTOR, P.C.

Re: bathroom ripout

Whether or not you should hire a competent attorney to represent you is your choice. I would strongly recommend you consult with an attorney, especially since there are criminal ramifications involved. You could be incriminating yourself at the hearing.

Consumer Affairs is only determining if you did what is being alleged, and if you were licensed. Nassau County is very aggressive about this.

Contact me if I can be of further assistance. 516.873.8989 or [email protected]

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Answered on 12/17/07, 11:59 am


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