Legal Question in Construction Law in New York

Re: Contract

One would need to read the contract. Construction contracts are complex, in part because they convey both information and promises. The information is conveyed primarily through drawings and specifications. Drawings are graphical representations and specifications are verbal. They work together; many things can't be expressed on a drawing, they must be verbalized.

The "contract" is then wrapped around the drawings and specs. The contract essentially conveys the promise by the contractor to build the project and the promise by the owner to pay for the work. There are usually lots of other terms in the contract that are more or less "boilerplate."

In the immediate case, a lawyer would need to interpret the contract, which is the legal document that ties together all of the other documents. I am not sanguine that a site plan would, without more, constitute a contract document that the contractor would be obligated to build out. However, the site plan might be listed in the contract as a contract document. The drawing might have a callout specifying a 6" select granular base with 4" asphaltic concrete as a wearing course.

In other words, you have not supplied nearly enough information to evaluate your claim.

Doesn't the contract require the architect to interpret the design documents? And what does the architect have to say about the scope of work?

Moreover, how much money are you talking about? Realize that if you draw a lawyer into the picture, you are going to spend at least $5000 to get the process started, and at least $25000 if the case does not settle. Is the driveway (and other problems) worth that much?

Re: Contract

I agree with the previous attorney. You have not provided enough information. An attorney would have to review the contract documents which may include a written specification and drawings. If you retained an Architect you can also seek his or her advice.