Legal Question in Construction Law in New York

who owns the blueprint?

my friend hired a contractor to put up a 2nd floor on their one family home. Their contractor hired the architect for them. It's almost 4 yr and the work is not done. the contractor kept telling them that the 2nd floor is legal now. they soon found out that there are 17 things open on the house. they contacted the architect to help them. he never came and its been a month. they consulted another architect and was willing to take over,but he need a copy of the blueprint on a cd. By having it on a cd he will be able to revise it and the fee will be cheaper. By law, does the old architect have to give it to the client if requested?


Asked on 12/19/07, 5:46 pm

2 Answers from Attorneys
NEAL SPECTOR, ESQ. NEAL S. SPECTOR, P.C.

Re: who owns the blueprint?

Not necessarily, especially if the architect is still owed (or claims to be owed) a portion of his/her fee, which is very common.

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Answered on 12/19/07, 11:02 pm
Kevin Connolly Kevin J. Connolly

Re: who owns the blueprint?

No, he does not. Legally, the architect owes your friend bupkes. If no new certificate of occupancy has been issued by now, it's a fair bet the building is illegal. Your friend needs to engage counsel who is expert in construction. That's not a real estate lawyer; it's a construction lawyer, and your friend will need to break out the checkbook. This kind of matter in Flushing is going to run $25,000 to $50,000, and since the contractor probably does not have two nickels to rub together, the money is to all intents and purposes lost. But if he does not legalize the house, the City can essentially destroy the building and sue your friend for the cost of doing so.

First agenda is to call a construction lawyer. Now.

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Answered on 12/20/07, 9:44 am


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