Legal Question in Construction Law in New York

Re: Sue my Contractor

No. There is a 3 year statute of limitations period based on negligent repair. If there is a warranty to the contractor's work, the statute of limitations period is 6 years.

Mike.

Re: Sue my Contractor

No, it's not too late to take action against the Home Improvement Contractor. The statute of limitations in a breach of contract action is six years so you have until August 2012 to start a lawsuit. However, I would not recommend waiting that long to take action. Memories fade, witnesses and documents disappear, etc.

The biggest problem with contractors these days is that their industry has been particularly hard-hit by the economy and many of them simply have no money or assets. Many, many contractors have gone out of business simply to avoid debts and lawsuits.

On a brighter note, I have found that a simple Department of Consumer Affairs Complaint often helps bring the contractor to the "bargaining table". The DCA has the power to revoke the contractors license(s) as well as award compensation.

While the DCA is a powerful and fairly user-friendly institution, don't file a complaint without speaking to an attorney first. A lawyer will be able to help you determine the strength of your case and the potential ability to collect. Attorney-drafted complaints also have a better shot at getting the DCA's attention.

Hope this is helpful!

Marshall R. Isaacs