Legal Question in Construction Law in New York

Liabilty of the Genral contractor of building a house without a contract

I constructed a Log cabin home in the summer of 2002. Just recently the homeowner contacted me due to the fact the roof was leaking. I contacted the Log manufactuers to come and inspect the home with a conclusion that the homeowner never sealed the cabin properly which is causing the leak. The sealing was the responsibilty of the homeowner per a verbal agreement. Both myself, ''contractor'' and the ''owner'' never had a written contract between us for any of the work preformed, basicall a gentlemen's handshake. Now they have put a demand on me to pay $8,850 to a sealing compnay to fix the leak. I have refused and offered to go and fix the problem myself. What is my recourse? Thank you


Asked on 9/17/05, 7:37 pm

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

Re: Liabilty of the Genral contractor of building a house without a contract

If you don't have a written contract, your offer is a fair one, especially if it was his responsibility.

If he should try to sue you he will not only have to prove the elements of the contract that existed, but if this was a single verbal agreement for the whole job, then the statute of frauds should be a defennse for you.

That means once he alleges the contract was valued in excess of $500, the statute of frauds requires it to be written.

You can also say no and fight it in court.

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Answered on 9/17/05, 10:29 pm


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