Legal Question in Construction Law in New York

Failed to finish, damaged property, etc

We hired a contractor to build a stone balcony and starway on our house. He started in May and was supposted to finish in about 8 weeks. In November he still had not finished and has done considerable damage to our home and property. Finally I told him not to come back. Our contract stipulates 50% payment up front (which we made) and 50% payment when the job is complete.

I just received a letter from his atty threatening to put a mechanics lein. 1. Can he do this without any defense or due process. 2. What is the best course of action.

We still have not gotten other contractors to estimate and complete the work.

Thanks


Asked on 11/18/05, 9:24 pm

2 Answers from Attorneys
Meyer Silber The Silber Law Firm, LLC

Re: Failed to finish, damaged property, etc

The contractor could put a lien on the property, but it sounds like you could fight it in court.

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Answered on 11/20/05, 7:46 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Failed to finish, damaged property, etc

Do you have a written agreement with these stipulations? If you do, without reviewing it, I can't really say other then to wasit for the suit and consult an attorney.

If not, if there was a work order with oral

terms, if you are sued you may counterclaim for

damages for breach of contract, recission, unjust enrichment, and the like.

I would need to sit down and discuss this with you.

I would be particularly curious whether there is a "time of the essence clause"in the contract?

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Answered on 11/19/05, 12:11 am


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