Legal Question in Construction Law in New York

sub contractor lien

I am a sub contractor and finished a project for a customer. Our contract was very clear with me me and the home owner. Substantial completion was past and now the final punch list not given. She is delaying this list for no reason. My contract has been finished for over a month. The contractor is aware of this but will not pay me until he has gotton paid for this part of the contract. I know I can file a lien but cant I have the house listed as unsafe for not having the final C of O done? I want to also file a pre lien before I get the building dept involved. I also wanted to find out if I could charge interest for non payment? If anyone can help me on this I would apprieciate this.


Asked on 1/25/05, 6:21 am

1 Answer from Attorneys
Kevin Connolly Kevin J. Connolly

Re: sub contractor lien

Having the house declared unsafe can only hurt you in the long run. Ultimately, you will rely on the forced sale of the house to satisfy your lien (which you should file before you get taken for more than you have already). Giving out that the house is unsafe can only impair the proceeds of the sale, and it can blow back in your face in other ways (such as a suit for disparagement). I suggest you leave the building department out of this. Remember, too, that you can get paid before the contractor does, and that the homeowner's failure to pay is no defense to the contractor's failure to pay you.

You are entitled to interest at the rate of 9% from the time you were entitled to be paid.

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Answered on 1/25/05, 9:16 am


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