Legal Question in Real Estate Law in New York
Breach of Repair Contract
I got a home remodeling service to put a new roof on my mother's house. The project took longer than promised and the roof leaked worst than it did before they started. I could not reach them with the numbers I used to get them initially. I got another contractor to repair the new roof. Is there anything I can do to try and get back the repair costs and be assured that the original contract warranty is enforced? The original contracted work cost me $10,500.00 and the repair work cost $425.60.
3 Answers from Attorneys
Re: Breach of Repair Contract
Do not be "penny wise, pound foolish."
You need to carefully review your contract IN CONSULTATION WITH an attorney to assess your options. Then decide whether you can or should proceed via civil court, small claims or arbitration, to recover your repair/remedy costs and "Verification" that the contract warranty is still in full force and effect.
Good luck,
Re: Breach of Repair Contract
I AGREE WITH PHROSKA, BUT ALSO SUGGEST YOU CONTACT BOTH THE BETTER BUSINESS BUREAU AND LOCAL CONSUMER AFFAIRS OFFICE, WHO ONLY HAVE MEDIATION POWER. THEY CAN ALSO ADVISE YOU IF THE CONTRACTOR HAD OTHER COMPLAINTS AND HOW THEY WERE RESOLVED. IF ALL ELSE FAILS, GO TO SMALL CLAIMS COURT. BE SURE YOU TAKE THE CONTRACTOR WHO DID THE REPAIRS WITH YOU, SO YOU CAN VERIFY WHAT REPAIRS WERE NEEDED, HOW THEY WERE DONE AND THE COST INVOLVED.
Re: Breach of Repair Contract
I would just suggest you go straight to the department of consumer affairs (DCA) as you may be able to recover monies there. In NYC, DCA maintains a fund that contracters pay into when they are licensed in the city. It is used to reimburse consumers that can show the work was not done properly and needed repair or completion by another contractor. If this is not available you can try to go to small claims court assuming the contractor has not skipped town entirely.