Legal Question in Consumer Law in New York

Last summer I hired a landscaper to put in a paver patio and retaining wall. Recently we noticed there were several area sinking and the wall and stairs were crooked and loose. Owner came and said he'd bring a crew the next day to fix the problems. They worked a day and a half and tore down the retaining walls and haven't been back in 4 days. Owner keeps giving me the run around saying he'll come over to see what needs to be done. Another landscaper looked at the job and said it is poorly done. I'm trying to give them the opportunity to fix it but it looks like they will either not be back or not fix it to an acceptable level. They were paid in full last summer when the job was completed. Hiring someone else to fix the problem will cost more than the original job because they have to tear down everything and start over. Can you sue someone for more than the job originally cost? How long does that normally take?


Asked on 4/16/10, 8:07 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Q. Can you sue someone for more than the job originally cost?

A. Yes. If the work was performed in a negligent manner such that the cost to make the homeowner whole exceeds the value of the work, you may sue for value to replace the damage.

Q. How long does that normally take?

A. There is no specific answer for this. Each case in litigation is unique.

Mike.

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Answered on 4/22/10, 6:07 am


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