Legal Question in Construction Law in New York

construction law

Under what specific law, CPLR #, does it state that a contractor has the legal right to repair a defect in his/her work, given appropriate written notice to do so, before an owner hires someone else to repair the work without notice to the contractor.


Asked on 5/12/09, 8:53 am

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

Re: construction law

It is common law and not the statute. For example, see, Beechwood Gun Club v. City of Beacon 153 Misc. 358, 275 N.Y.S. 249 N.Y.Sup. 1933 where the court held that "Under agreement to build clubhouse and install water system therein, before owner could put contractor in default for delay in installing water system, it was incumbent on owner to demand performance within certain time."

Mike.

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Answered on 5/12/09, 10:49 am


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