Legal Question in Construction Law in New York

Re: Contractor barely started by completion date

You have a serious problem and you are going to need to retain counsel. The usual cause of this problem (for another cause, see the next paragraph) is that the contractor used the money that you paid him up front to pay off the trades on a different job. Now that winter is coming on, he has no startup jobs that he can divert money from to pay for the concrete.

In addition, since the foundation is below the water table, it requires a specially-engineered mix. Did you engage an architect or engineer for this job? Probably not, but the Building Department may be looking at the plans and saying "No, you don't get a permit, not without a sign off from an engineer on the mix for the concrete, it's under water."

You should resign yourself to not having the room for Christmas. He might come back in the spring, but by then, the forms will be garbage from freeze-thaw and wetness, so I would expect him simply to abandon the project.

Again, you're going to need legal counsel to get through this mess. You could end up with a mechanic's lien from the foundation and forms trades.