Legal Question in Construction Law in New York

Summons with Notice - re: Mechanics Lien
We held back a portion of the last payment to our excavator because due to his negligence overdug our foundation which in turn cost us $1800.00 of extra cement to fix his mistake. He verbally told us that he would make an adjustment to our last payment. When he did not, we deducted the amount & paid him his last payment. He then proceeded to place a mechanics lien on our home. Not only did he cost us this extra money, but he did not fulfill all items listed in the contract we both signed. It is now a year later and as we were going to collect the bond money back, we were served with a Summons with Notice. Should we just answer the summons ourselves? If so, what happens next? Is it too late to take them to small claims court? Please advise. Thank you.

Asked on 11/22/05, 2:56 pm

Mark S. Moroknek Kelly & Curtis, PLLC.

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Re: Summons with Notice - re: Mechanics Lien

You should consult with an attorney. There may be other options and you haven't stated the venue of

the Summons with notice.

I would probably answer and assert a counterclaim

for damages and removal of the lien.

Answered on 11/22/05, 6:18 pm

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