Legal Question in Construction Law in New York
Contractor vs. customer
We were hired to do a very large extension on a
customers home. A building permit was required
and filed with the Incorporated Village of Garden
City along with a deposit calculated by the
percentage of the total base price of the job.
We gave the Village a deposit of $3,580.00. Upon
completion of the job, the certificate of occupancy
is to be issued to the homeowner and the deposit
refunded to us.
All areas of the job have been completed and
approved by the Village senior building inspector
except for the installation of an exterior cellar stair
railing. The homeowner will not let us install this
item. It is in the plans, and the we have the
railing, but the homeowner will not allow us on
their property to install this item. Their reason for
this is unknown to us.
Due to this one small item (approx. $500.00 total
cost) the village will not issue the C.O. and our
deposit will not be returned. The Village did
threaten the homeowner that they will be evicted
from the home since they are living there with no
C.O., but that is the only coarse of action the
village has taken.
The Village has had our deposit since March,
2000.
2 Answers from Attorneys
Re: Contractor vs. customer
I just received your post on 5-24-2001.
After not receiving an adequate answer from the party for whom you did the work, I would advise them that you will sue them in the Village Court for the monies owed under the contract/agreement/proposal.
They appear to be acting contrary to the terms thereof and appear to be preventing you from completing the work thereunder. Either that, or tack the price onto the contract and bill them...giving them a credit on the return of the deposit.
Good Luck.
RRG
Re: Contractor vs. customer
Suggest you have your attorney send the home owner a demand letter. It that does not get their attention, ask your attorney to sue them in district court.
Before you spend money on attorneys, make a phone call to the customer to resolve the problem.
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