Legal Question in Construction Law in New York
Permit
My husband and I started construction in our raised ranch basement close to a month and a half ago. We wanted to convert the family room into a bedroom and a bathroom. We found what seemed to be a nice contractor on the yellow pages. We signed a contract including the dates when the project should be finished and asked if we needed a permit for the construction. The contractor said no. So construction began. Three weeks after I had doubts and asked the contractor again, he said no. So I decided to go to the town office and they told me I did. I spoke to the contractor and he said he had no insurance or a lisence so I got the permit under my name. Since then the contractor keeps telling me I went behind his back, that a permit wasn't required and he's saying that my actions voided the initial contract. I feel horrible, since the town was nice enough to give me the permit and not penalize me. I don't think he will finish the job, he keeps delaying the completion date. What are my options?
sincerely,
Dalia.
1 Answer from Attorneys
Re: Permit
As property owner you did the correct thing because ultimately you are responsible for having the permit, not the contractor. Obtaining a permit does not void a contract. It is a laughable staement on the contractor's part.
His problem is likely due to his lack of insurance, and failure to comply with safety regs or building code requirements, or the like.
Without knowing more I can't tell. But there are regulations that govern everything from the width of stairways and location of banisters to
stair treads etc. If he is building something that should comply with a section of the building code, and is not in compliance, you could be held responsible. You ought to have a reputable and licensed architect or engineer review the plans and advise you whether the construction is or is not proper.
Tell the contractor you will pay him for the work he has done so far if it is in compliance, and if not he should put it in compliance with the regs. Perhaps you should have another contractor finish the work, a licensed one?
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