Legal Question in Construction Law in New York

Two deep in a contract

We have a contract with a Modular home broker to provided a completed modular home (which they purchase from a manufacturer). The home was delivered (not completed) in December and full payment was made at that time per the terms of the contract. It is now almost July and we are still owed parts and service. We filed a complaint with the BBB against the Modular home company since the Broker informed us that the Manufacturer had to supply work and parts. The BBB informed us that we have no recourse as we did not have a contract with them. Neither company will provide service and we are fed up. It would also appear that the broker might have cut ties with the manufacturer during our process. Do I have full legal recourse against the Broker even for the parts they will say the Manufacturer was originally responsible for? May I legally give them an ultimatum to have work completed by certain date or else I will hire a qualified professional and legally force them to pay for the repairs they should have made?


Asked on 6/29/06, 2:20 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Who is your contract with ?

You said in the question that it is with the broker. You filed a BBB ccomplaint against the manufacturer; you need to show that you were a third party to an agreement between the broker and the manufacturer, which can be done, but I would advise using an attorney.

If you are in the vicinity, and wish to make an appointment, I 'd be happy to discuss it further.

Mark Moroknek

Read more
Answered on 6/29/06, 3:05 pm


Related Questions & Answers

More Construction Law questions and answers in New York