Legal Question in Construction Law in New York

Contractor is sketchy $$ issues

We went through a rep. for a modular home. We gave a $43,000 deposit for the house and the modular company only kept $12,000 until the bank paid the full amount and the house was delivered. Things kept happening and 4 months went by before the house was set on the foundation. At which time our rep/contractor told us he had no money to pay the subcontractors because he used our deposit on another project. Is he allowed to do that? Also he told us if we don't give him more money and change our disbursement schedule the concrete company was putting a lien on our house. Also, another thing is he had 90 days to set the house on the foundation and it was 5 days late...does that mean the contract is technically voided? We have also caught him in lies about how much he spent on certain things. Also, do we have a right to get receipts for all the work that was done on our home? Foundation, Well, Excavation, etc.??


Asked on 9/18/07, 3:37 pm

1 Answer from Attorneys

Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Contractor is sketchy $$ issues

NO your contractor may not use your funds to fund another job. He has converted your money and committed a crime.

You must see a lawyer right away and maybe even go to your county consumer affairs department and to the District Attorney.

You may contact my firm if you would like to discuss suing these people as well by following the links below.

Good luck.

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Answered on 9/18/07, 4:30 pm


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