Legal Question in Construction Law in New York

faulty job of workers, resulting in suing on my end

I had services rendered @ my home, which were completed in a faulty manor. I explained to them that I would only be paying for the materials used, in a letter sent. They had never replied, & are now suing me for the entire amount originally quoted. We have no contract, & the job was run by a sub-contractor. We want to settle out of court, & our patiently waiting for their lawyer to get back to us, but have heard nothing. We're willing to pay the amount, except for labor. Do we need to go to court for this, or are we able to settle outside of court?


Asked on 3/19/08, 3:14 pm

1 Answer from Attorneys
Kevin Connolly Kevin J. Connolly

Re: faulty job of workers, resulting in suing on my end

You could settle out of court if both you and the contractor agree, but it seems unlikely in the extreme that the contractor will abandon the project. You have been sued. If you do not file an answer to the complaint within 20 days after you were served, the contractor will enter judgment by default. You need to defend the lawsuit, but it's unlikely that you will avoid paying for the labor. In fact, if you don't have an architect or engineer on your side, you are almost certain to lose the case hands down.

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Answered on 3/19/08, 3:23 pm


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