Legal Question in Construction Law in New York

Mechanic's Lien and Quality of Work

We have a dispute with our GC regarding payment, and he put a lien on our apt, which we have since discharged thru a bond. We are waiting to see if he will try to negotiate or sue us.

But now we are having some quality issue with his work (tiling falling off.)I would rather not have anything to do with him, but if he does sue us, I would like the quality of workmanship to be a factor. Should I contact him and ask him to fix his work? Can I get another contractor to fix the work, and use that expense against the first contractor's dispute?


Asked on 6/21/06, 2:55 pm

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

Re: Mechanic's Lien and Quality of Work

It depends on the other other issues. Generally yes, you can get another contractor, and use that as an offset. But you must be able to prove, unequivocally, that the work was part of the contract, and that you had a say in whether it was done his way or not.

If the contract you have is not specific enough try to work it out, or at least reduce the remaining issues to writing with an attorneys help.

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Answered on 6/21/06, 3:25 pm


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