Legal Question in Construction Law in New York

contesting a lien in ny

I had wood floors refinished. They

did a terrible job, left paint under the

poly, put the wrong sheen ect.. I

chose them because they said they

had 25 yrs experience and happened

to be the most expensive estimate.

I didn't want any issues. Needless to

say the cheapest estimate i got could

have the done a better job in less

time. I stopped payment on the final

payment and called the contractor a

few days later, he said he was on

another job but would call me back

that night.. No call what a surprise.

His wife called days later and said

they would do a touch up. It needed

a whole new coat of poly in the right

sheen. Bottom line i want another

company to finish. So they want to

put a lien on my house. How do i

contest this? The quality of work

was so poor and took so many extra

days. I had to have my husband

take off from work a day to be home

so the could come the last time? Any

advise would be helpful.


Asked on 11/05/08, 1:57 pm

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

Re: contesting a lien in ny

You cannot stop a contractor from filing a lien. However, there are methods to extinguish the lien after it has been filed. You can serve a notice to particularize the lien. Failure to particularize the lien is grounds to vacate the lien. You can bond the lien and demand that the contractor commences an action.

I would take pictures, fire (in writing) the contractor, and retain another contractor to properly complete the work. The cost to complete the work is damages - or an offset - for any money owed to the original contractor.

Mike.

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Answered on 11/05/08, 4:37 pm


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