Legal Question in Construction Law in New York

Do I have to pay a contractor for work done on my property without me being present and getting my final approval?

I asked a contractor for a free estimate on some waterproofing services at my property that I have not yet occupied (new home). I asked someone to meet with the contractor and explain the situation. The person presented me with a signed contract from the contractor. On the contract, it was noted that the contract was subject to my approval. I did not respond to the contract but approx. 10 days after, I went to the property and discovered some work was done by the contractor. I was not what I wanted and the work looked like patch work. I contacted the contractor and they stated that they have been trying to contact the person I asked to meet with them but got no response and they did not leave any specific message. I informed the contractor that the work was unacceptable, I did not give them an approval and I'm not responsible for paying.

Do I have a case?

Please advice.

Thanks.


Asked on 7/07/10, 11:23 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

The terms of the contractor's offer was for your written acceptance. You did not provide the written acceptance. Furthermore, although the contractor attempted to change his offer so that there was no need for a written acceptance, he was unable to receive an oral acceptance for the work. Nevertheless, the contractor performed some work on the house.

Not only do you not have to pay the contractor, if he damaged the house through poor performance, you may have a lawsuit to fix the contractor's work.

Mike.

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Answered on 7/08/10, 5:34 am


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