Legal Question in Construction Law in New York

Contractor issues

Our contractor has completed 1 bath then ran into issues on the 2nd bath due to an incompetent plumber. Project started in Oct of 08' and as of today 4/20 it's still not finished. Since I told him that we would not make the final payment until the job is completed, he has been unavailable. I have made many attempts to contact him via phone & email. His tools are still in my garage, the tile company wants payment for custom tiles needed for repair which the contractor originally agreed to pay. The electrician sent an email threatening to put a lien on the house without even discussing what is owed and not presenting an invoice. The electrician said that he is only doing it because he heard that we are not paying. What can we do at this point to protect ourselves? How do we get his attention and resolve this? We never signed a contract, This contactor has done work for us in the past and we�ve never had any problems. Thanks for your help.


Asked on 4/20/09, 11:41 am

2 Answers from Attorneys
Marshall Isaacs Marshall R. Isaacs, Attorney At Law

Re: Contractor issues

Unfortunately, your problems are too complex to address here. The only advice I can give at this time is for you to contact a knowledgeable construction litigator.

Wish I could provide more advice at this time. Best of luck.

Marshall R. Isaacs

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Answered on 4/20/09, 12:19 pm
Michael Markowitz Michael A. Markowitz, PC

Re: Contractor issues

Pursuant to your zip code, you are located in Little Neck, NY, which I believe is in Queens County.

It is illegal for a contractor to do work on a residence witout a contract and without a home improvement license. You may want to contact the NYC Department of Consumer Affairs. The department should be able to help you.

I would also send a letter terminating your agreement with the contractor. You should then retain a licensed contractor to complete the job.

Mike.

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Answered on 4/20/09, 5:51 pm


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