Legal Question in Construction Law in New York

construction contract breach by owner

I contracted a painting job with my customer May of last year

Both my self and the homeowner signed the contract.

This was a contract to repair water damage from a leaking roof and was approved by their insurance co. the insurance co paid them for the damages and that money was to contract my services to make the repairs

They postponed my start date verbally 3-4 times for different reasons

They never called me back to set the start date until Friday 3/2/2007

They left messages on my office and cell phones that day

The 1st call came from Mrs. xxxxxxx @ 1:57 PM Friday, she stated that she wanted me to start the repairs Monday 3/5/2007.

The 2nd call from Mrs. xxxxxxx @ 4:44 PM Friday, she stated that her builder was performing my repairs and that she wanted back the contract deposit of $2000.00 and to call her or you.


Asked on 3/15/07, 4:57 pm

1 Answer from Attorneys
Kevin Connolly Kevin J. Connolly

Re: construction contract breach by owner

It certainly sounds like you have good grounds to keep her deposit. You might wish simply to wait for her to sue you...likely in small claims court...and at that point you would speak to a lawyer and sue her back for whatever damages you sustained.

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Answered on 3/16/07, 4:29 pm


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