Legal Question in Construction Law in New York

construction, right to repair

I am a contractor who was hired to rip out a stairwell and replace with a double stairwell in an open well. The owner, interrupted our work while in progress and hired another contractor to perform some of the duties in our contract.

this was done without written notice. Verbal notice was given 1 hr. before the arrival of the other contractor

As a result, though we have completed the entire job, he is witholding our full final payment, as well as final payment for a second project we did for him which he has already confirmed as satisfactory and complete. I should add, he is a criminal attorney.


Asked on 1/26/09, 12:11 pm

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

Re: construction, right to repair

As I understand your question, you want to know whether the owner had the right to hire another contractor during construction without first giving you notice of the issue or giving you the right to repair.

Based upon the facts in your question, the answer would be no. It is obvious that the owner's actions were in bad faith for the purpose of improperly withholding payment.

Depending on when the work was performed, I would file a mechanic's lien for the job (and the other job performed), and commence an action for breach of contract.

Mike.

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Answered on 1/26/09, 12:43 pm


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