Legal Question in Construction Law in New York

Contractor suing us for firing him

We had to fire a contractor after he continually did poor work and not as we had asked we had a contract he stole our copy from house when we were not home while working on home than when we asked for another copy he refused but kept saying that wasnt in the contract or this will be extra labor costs when we would say thats not what the contract said he would say prove it which we couldnt than he started using all low quality materials instead of what contract stated we got tired of this and fired him he then came back to our home and stole our furance,hot water tank,faucets, window screens and we had him arrested the proscution refused to follow through because before he went to court he filed a lein on our house and started a civil suit so the proscution said it could be handled as a civil matter. he also when we were served had put a copy of the contract in the papers but its not the same one we signed so he also forged this somehow we have paid 5000.00 in attorney fees and havent seen a day in court yet the lein was for 15800.00 and what he stole was 6000.00 worth that we had to replace plus hire another contractor to fix and finish the job. should I pay this contractor off or do you think I have a chance of winning


Asked on 4/17/08, 10:20 pm

1 Answer from Attorneys
Kevin Connolly Kevin J. Connolly

Re: Contractor suing us for firing him

If you paid $5000 in attorneys' fees, what did you get for that? Seriously, if the attorney prepared the contract, he should have a copy. And if he did not prepare the contract, then this is all just your own penny wisdom/pound foolishness coming home to roost.

Did you notify your insurance company of the theft? You do have insurance, don't you? The insurance company has tools to go after the contractor even if the cops won't, but your story on the whole stretches credulity.

I would not take this case on without a $25,000 retainer up front and an understanding that you're going to spend more than $100K in attorneys' fees before this is over.

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Answered on 4/18/08, 8:34 am


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