Legal Question in Construction Law in New York

Is contract valid

My son entered into a contract with a contractor however after paying 93,100.00 we found out that the gentlemen who signed the contract is not an officer or an agent of the corporation in fact he is the owners father but he has no position in the company and he signed his name to everything not his son. Also at the time of signing the contract the company had no insurance. Does all of these factors still make the contract enforcable and valid because he's not a contractor nor does he have a license he operating under his son's corporation using his son's contracts and letter heads. Now that he has walked away from the job what can I do I need to know if that contract is valid and enforcable? Also the Corporation is trying to operate under a dba which is the old name of the company they had it amended to a new name and are still using the old name as a dba can they do that? He had his son place three different mechanic's liens against the property one which he satisfied and two that are still active what do I do?


Asked on 6/13/06, 9:16 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Is contract valid

I can't tell you from this question. What you need is to get all your papers together and go sit down with an attorney who handles commercial litigation.

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Answered on 6/13/06, 9:23 pm


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