Legal Question in Construction Law in New York

Unpaid Fees

My father is a contractor who did job for a woman he knew to be honest by word of mouth. He started doing the job, a nail salon in NYC, based on her word that she will be getting all required permits ready, etc. He also had a contract which he signed but she failed to. For the job that he has completed, she owes him approx $10,000 that she refuses to pay. She openly, in front of witnesses told him that ''yes, I'm a BI**H and wont pay you''. She claims that he delayed her opening date when in fact she knew how long the job would take, and that her opening a few days later costs her at least the $10,000 she owes him. What can he do about this situation?


Asked on 12/19/03, 3:58 pm

2 Answers from Attorneys

Re: Unpaid Fees

I do a lot of NJ and PA construction law, so you need to speak with a NY atty. First, A-L-W-A-Y-S get a contract, even if it's with a friend or family member (perhaps I should say especially when it's a friend of family member). Statute of Frauds requires contracts, such as you needed here be in writing. That said, your father has a claim under 'quantum meruit', meaning because he gave her benefit, he's entitled to be paid for the benefit given, whatever that is worth. File a construction lein, file suit, and go forth and NEVER do a contract again, without putting it in writing first (that goes for changes to the original contract too!!!! - Get it in writing BEFORE you do the work).

This will probably cost him, but it's his fault he ended up in this position. Good luck!

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Answered on 12/21/03, 12:15 pm
Robert R. Groezinger GroezingerLaw P.C.

Re: Unpaid Fees

In NYS, file a mechanics lien through an attorney.

Good Luck.

RRG

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Answered on 12/19/03, 4:00 pm


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