Legal Question in Consumer Law in New York

Defective heatin gin new condo

I bought a condo in a new development over a year ago. Most owners are experiencing problems due to the extremely high heating bills and poor performance of the radiant floor heating. An engineering inspection determined the installation was not done correctly. The developer refuses to admit any wrongdoing. What can we do? Could we get a lawyer to work on a contingency basis?


Asked on 1/30/09, 11:06 am

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

Re: Defective heatin gin new condo

You would need a lawyer to commence an action on the basis that the contractor was negligent when he installed the heating. To retain an attorney on a contingent basis depends on the attorney, whether there is reasonable merit to the case, and whether the contractor has deep pockets (or insurance).

I represented condominium owners on similar claims. The condominium owners were partially successful when a complaint was made to the NY Attorney General's office, since the workmanship was so poor (no insulation in walls) that the transaction may have been deemed fraudulent.

Mike.

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Answered on 1/30/09, 1:14 pm


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