Legal Question in Consumer Law in New York

A contractor came to fix a heating unit in my condominium , his initial consultation was $165, after they said they would contact me if the unit continued not functioning, which it did,We spoke after and we agreed upon a price of $315 in writing to repair the unit, I paid them the 315 after the work , and didn't hear from them for about 8 months at which time they contacted me and said I owed them for the initial consultation. My discussion with a secretary agreeing on the price never went into detail as to whether the initial consult was part of the 315 or an additional charge. On the agreed price it says basically that it was for repairing the unit

Do I owe them money ,they have gotten a lawyer ,would I owe them legal fees if I lost or would they owe me legal fees if I won, Since I am in NY what court could they harass me in, if they wanted to pursue this action for $165 , and what could they do in terms of collection?


Asked on 10/05/11, 9:57 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Q. Do I owe them money?

A. Maybe. It depends if the court decides that the initial consultation fee was merged into the $315 fee to repair the unit, or whether the fee is separate.

Q ,they have gotten a lawyer ,would I owe them legal fees if I lost or would they owe me legal fees if I won,

A. Generally legal fees are not awarded unless there is a prior written agreement allowing for the legal fees.

Q. Since I am in NY what court could they harass me in, if they wanted to pursue this action for $165 , and what could they do in terms of collection?

A. They may file the action in small claims court.

Mike.

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Answered on 10/05/11, 10:27 am


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