Legal Question in Construction Law in New York

Days after signing my contract and a month before actual work began on my basement my contractor's license expired. We were never notified of this change in his status and he worked on the job very slowly for years. Now he is trying to charge us an exorbitant unquoted and not agreed upon amount of money for items which are not in the original contract, but we were told were included. He has no license, but has placed a lien. Isn't this, and working without a license illegal? What is the best way to have the lien removed? I paid for a licensed worker, am I entitled to a refund?


Asked on 9/18/09, 6:45 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Generally, a contractor's lack of a home improvement contractor license barred recovery in contract or quantum meruit in his action against home owners for breach of contract (Lee v. Schweizer 300 A.D.2d 364, 751 N.Y.S.2d 517 [2nd Dept 2002]).

The best way to have the lien removed is to demand the lien is itemized pursuant to Section 38 of the Lien Law. If no itemized statement is delivered, you would then petition the Court to remove the lien.

Mike.

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Answered on 9/24/09, 9:15 am


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