Legal Question in Construction Law in New York

Deposit on deck job given, deck not being done?

I signed a contract with a contractor to have 3 new vinyl decks put on my home. I signed it March 1, 2001 gave a deposit of 1/3 down, contractor told us he would start in 2 weeks....a month later he said he would start next week....finally he called me on a thursday eveing and said he would be here Monday morning...never showed. Afer several phone calls, he calls me and says he cant do the job, he has cancer? I dont believe him. He said he wrote me a check and is returning my deposit, says he mailed it this morning, again, I dont believe him. What should I do?


Asked on 4/24/01, 8:26 pm

2 Answers from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Deposit on deck job given, deck not being done?

Before running to an attorney or to a small claims court, I believe the first thing to be done is to make a complaint to the Department of Consumar Affairs. This agency grants a license to home improvement contractors and has the power to enforce its rules.

You can contact the NYC Department of Consumer affairs at the following web address: www.nyc.gov/html/dca/

If you do not live in NYC, there are other local departments located in the County where you reside.

Mike.

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Answered on 6/15/01, 8:32 am
Garry Hanlon

Re: Deposit on deck job given, deck not being done?

Wait a few days for the check

If it arrives, close the book on the character

While you may have a right to sue for the

difference in the price of the job after you

have it done by someone else, you are probably b

better off having some else do the job and

forget about it. The job will probably be

better done

If no check arrives, you can still sue

If no check arrives, you can also contact

the attorney general's office in addition to suing

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Answered on 6/16/01, 5:14 am


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