Legal Question in Construction Law in New York

Contract Dispute No Money Paid

We built a home for a customer last year. Our home contract states that if only a Temporary Certificate of Occupancy is supplied the Purchaser will be responsible for the Grade and Seed of the yard. Since we closed the home in the fall of the year this statement applied. We gave the Purchaser a $700 credit on the closing statement for the Grade & Seed. As well we gave her a contract to perform the Grade & Seed in June of the next year for $700. (We took no deposits). The customer called me in May and demmanded there Grade & Seed be done in a weeks time. They also told me if we didnt come she had someone else. I told her OK get someone else. On June 13 she calls back demanding us to do her lawn again. We told her no - or only if she prepays. We feel she is a credit risk. Are we obligated to do the Grade & Seed? If it goes to court what would her damages claim be - no money was exchanged.


Asked on 7/04/07, 8:19 pm

2 Answers from Attorneys
Kevin Connolly Kevin J. Connolly

Re: Contract Dispute No Money Paid

Based on what you have said, you owe this kook nothing. You gave her a contract to seed in June; she demanded that it be done in May, and that she had someone else to do it if you did not. You told her fine, go ahead and use that other person.

At that point, the contract you gave her to do the lawn in June was dead, cancelled by mutual assent. Now she calls you in July demanding that the job be done.

You need to send her a letter reciting everything that was done, concluding that, as indicated, the contract for the work in June was cancelled. And you just don't have any available slots in July, so sorry and good luck in your new home.

Or do the lawn and accept that she will stiff you and drive your crew absolutely crazy. I would steer clear of this kook.

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Answered on 7/05/07, 8:04 am
Johm Smith tom's

Re: Contract Dispute No Money Paid

I agree. You are not bound to do any of this for the customer.

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Answered on 7/05/07, 7:47 pm


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