Legal Question in Construction Law in New York

Re: Can I sue my former contractor

The straightforward asnwer is yes, although I am not sure if "negligent work" is the best description; you also have breach of contract, warranty, and various other legal theories to pursue. The Statute of limitations is still alive if the work was done 1 year ago.

Make sure you have the damage fully investigated because, since mold cases have become more and more popular, its hard to sort the truth from the

claims.

You might pursue this in small claims court or District Court. If you need an attorney please feel free to contact me.

Re: Can I sue my former contractor

Be careful about how and where you start the lawsuit. If you and your family have been exposed to toxic mold, you will be throwing away any chance for recompense for that exposure if you just sue the contractor to make him repair his shoddy work. You should have a qualified environmental hygeinist examine the mold to rule out Stachybotris.

If it is not Stachybotris, then you can go sue this contractor for his shoddy work. You might want to check with the local municipal government to ascertain whether the contractor actually holds a license, either as a general contractor or a home improvement contractor. Sometimes, that license requires posting a bond, and there are steps you need to take to make sure that the bond can be called upon to satisfy a judgment you recover for the shoddy work. It would be a sad outcome if you won the lawsuit but could not collect because (a) all contractors are past masters at the art of ducking judgments and (b) if you do not preserve your rights against the bond, it might not be available when you need it.

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The foregoing is not legal advice. Legal advice comes with a meeting and concrete suggestions and...most importantly...an invoice. Justice must not merely be seen to be done: it must be paid to be done.