Legal Question in Construction Law in New York

Construction/ Plumbing Permit

I was renovating my kitchen, an architect applied for the required permits, a contractor pull out the construction permit and did the work. The contractor never said that there was the plumbing permit on the application, the architect didn't make it clear either. Now it turns out the plumbing permit wasn't pulled out. The contractor said that it wasn't needed for this job and that he is not going to pull it out. The architect does not want to amend the permit application to remove the plumbing permit since the work was already done. The contractor is demanding the last installment payment since in his eyes his work is done. He told me that he is going to sue me if I won't pay. I can't obtain a letter of completion without this issue being corrected somehow. What can I do? I would really appreciate your thoughts. Thank you


Asked on 2/28/11, 5:41 pm

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

It is difficult to give an opinion since I would have to read the various contracts. However, it seems from your question that the architect was the individual responsible for investigating and obtaining the required permits for the construction work. The construction needed a permit for the plumbing that the architect failed to obtain. Therefore, it is the architect's responsibility to obtain the plumbing permit.

I would send a lawyer's letter to the architect demanding that he or she perform under the contract to obtain and close out the plumbing permit. If the architect fails to perform under the contract and the demand letter, you would have to remedy the situation and then sue the architect for your damages.

Mike.

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Answered on 3/01/11, 5:07 am


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