Legal Question in Construction Law in New York

I am an electrician in NY state. I recently took a job to wire a house, and am now having a problem with the head contractor. When I accepted the job, we agreed on three payments upfront of $4k. This way I could cover the insurances, and other expenses and it would not be out of my pocket. This was agreed to in the company of my co-worker. The timeframe expected and all things included were discussed.

I receive the first payment upfront and complete the first stage. When I begin the second phase, he complains of money issues and only gives me 1k at first. Once I am 1/2 way into the second phase, I finally get the other 3k, only after he put a stop payment on it because he couldn't reach me that day. After a brief phone conversation from sed bank, I got my money.

Since then, I have finished all of phase two with the exception of the basement. I can not complete the basement because he has yet to frame and insulate it. This setback alone has been at a stand-still for 3 weeks. I have stayed in contact via email,awaiting his readiness, and have records of that. He also requested that I begin phase 3 without having payment for it. I told him I would start that as soon as I had payment, but until then, the basement was next.

I returned to the jobsite the other day after not having several emails replied to. When I went in the basement, the materials were there to get it ready, but nothing had been done. However, SOMEONE had wired up the panel. When I asked his employee, he said that someone else had done it. I went upstairs to talk to the GC, and he basically gave me the silent treatment and acted like he was too busy doing tile to talk. When I finally forced his attention, he complained that nothing was being done by me. I, of course, replied that I was the one waiting on him. He said nothing of me being fired, or someone else finishing the job, but said he didn't have time and would get ahold of me. This project was originally supposed to take 4 to 5 months and is now in month 8, nine or more by finish.

I am getting the impression that he intends to have someone else finish the job and cut me out on the last phase. Not only is this work and money that I was counting on, but the delays in this job by him have cost me time that I could have been working elsewhere. I have the original hand written estimate I showed him. I have a witness to the oral contract. I have bank records for the amounts of the first few checks. Can I take him to court for breach of contract? loss of work? late fees on rent, bills, ect?


Asked on 11/21/09, 5:49 am

2 Answers from Attorneys
Locksley Wade Law Office of Locksley O. Wade

You can sue anyone but the question really is, will you prevail and at what cost. In your case, you are not likely to prevail. Each phase could be viewed as separate contacts. Thus, the contractor had the right to reject your offer to complete the last phase.

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Answered on 11/26/09, 9:26 am
Michael Markowitz Michael A. Markowitz, PC

I disagree with Locksley. You had a contract that had 3 phases. The GC breached the contract by terminating your employment prior to the last phase. The problem you may have is damages. You are certainly entitled to loss of profit and any out of pocket expenses. However, you would not be entitled to consequential damages like loss of work. You are not entitled to late fees unless negotiated under the original contract.

Mike.

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Answered on 11/26/09, 2:07 pm


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