Legal Question in Construction Law in New York

builder problem

I contracted with a builder to build a house for $172,000. he poured the foundation and collected first draw $49.000. the progress was slow . cold weather in buffalo ny was approaching, he asked me for additonal $15000 to install windows, not included in the 2nd draw. I paid the $15000. 2nd draw $45000 was due when the framing & roof completed. with out completing the roof or framing, he went to bank and got a partial draw of $32,0000, he cashed the check with out my signature, the check was paid to the builder and me. I complained to the bank, the money was redeposited to my account by the bank. Builder walked out, would not return, till I released this check, I sent a certified letter asking him him to complete the work and then take the 2nd daw, he failed to do so;

Hired a architect to appraise the work done by thisbuilder, assessesed at $55,000. I hired a new builder and the house was cmpleted, but costed me a total of $235000 which is about $63000 more than original cost, the first builder placed a mechanics lien and is demanding $90,000. . lumber company placed a$17000 mechanics lien which the first builder did not pay, i paid the lumber company and got this mechanics lien paid. what are my chances of getting $ back


Asked on 12/25/08, 7:11 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: builder problem

I think you assessed the problem correctly and took the proper steps to notify the builder and quantify the damages. So legally, I think you have a good chance of obtaining damages from a lawsuit.

The issue may be whether this contractor will stay in business in order to make payment. That is something I cannot predict.

Mike.

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Answered on 12/26/08, 7:47 am


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