Legal Question in Construction Law in New York

No contract for deck
I recently hired a contractor to build a deck for me for a seasonal/permanent camper. We agreed on a price, approx. start and finish time, and the features. I asked several times for a contract, but he would not write one. He also has a place at the campground so I figured he is probably reputable. He needed 1/3 to start the job. I agreed and wrote a check on May 19. To make a long story short, after over a month of excuses of why it is taking so long, and terrible workmanship and materials used, I threw him off the job and hired someone else to finish it. It took 3 days to finish. 5 days later he gave me a ''final bill'' for almost twice the amount we agreed on. All of his material and labor itemized. Do I have any legal obligation to pay for this lousy work if there is absolutely no contract? Also, is there any way he can come and tear down the deck, or at least the part that he built? Wouldnt that at this time be considered vandalism? Hope you can help!

Asked on 6/28/01, 8:52 pm

Garry Hanlon

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Re: No contract for deck

He cannot tear down his prior work

Your risk area is that he files a mechanics

lien against the property during the

4 months after the work was last done by him

In a court, it would seem that he would

lose, but you never know in court

I would still stand my ground and tell him

that he can rub rock salt

Answered on 7/03/01, 10:02 pm

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