Contractor

What is the name of your state (only U.S. law)? NY

I had a contractor do work on my home. He wrote a contact, I purchased all of the materials for the job.

He did not complete the job, but was paid. I have contacted him several times and he has promised to redo the job at his cost but has failed to follow through.

What is my legal recourse? Do I sue or file a lien against this contractor?What is the name of your state (only U.S. law)?

First off contact your local office of attorney general - consumer affairs and see if this contractor has an open case with them , as a scammer or such .

How much you talking about ?

Do you have 1 or 2 separate estimates to redo and make the work right ?

There is no provision under common law or statutory law that would allow you to place a “lien” against your builder.

What is possible is to obtain a money judgment against the builder for breach of contract and record the judgment.

It would then become a lien on any real property in the county or counties where the lien is recorded that stand in his name. It also may cover after acquired real property, depending on New York law.

I specifically said a “money judgment”, because the court could not compel him to finish the project, which you wouldn’t want anyhow.

Your measure of damages for his breach of the contract is what it will reasonably cost you to complete the build according to the original specs.

I don’t see how learning from the AG of other jobs he may have messed up or walked away from would be of any use to you. Such evidence would not be admissible in court.

Get your estimates and sue the blackguard! But don’t hold your breath until the check arrives.

Also you need to be concerned over the possibility of some of his unpaid workmen, materialmen and subs filing liens against your property.

As I recall New York grants a longer period of time within which to file mechanic and material liens than do most states.

This is offered strictly as general information. Rely on the advice of your New York attorney.

latigo said:

There is no provision under common law or statutory law that would allow you to place a “lien” against your builder.

What is possible is to obtain a money judgment against the builder for breach of contract and record the judgment.

It would then become a lien on any real property in the county or counties where the lien is recorded that stand in his name. It also may cover after acquired real property, depending on New York law.

I specifically said a “money judgment”, because the court could not compel him to finish the project, which you wouldn’t want anyhow.

Your measure of damages for his breach of the contract is what it will reasonably cost you to complete the build according to the original specs.

I don’t see how learning from the AG of other jobs he may have messed up or walked away from would be of any use to you. Such evidence would not be admissible in court.

Click to expand...

Get your estimates and sue the blackguard! But don’t hold your breath until the check arrives.

Also you need to be concerned over the possibility of some of his unpaid workmen, materialmen and subs filing liens against your property.

As I recall New York grants a longer period of time within which to file mechanic and material liens than do most states.

This is offered strictly as general information. Rely on the advice of your New York attorney.

Click to expand...

Then you haven't read over about complaints made to the OAG .

Who said anything learned from the OAG could be used in small claims ?

If there's a pattern of scamming people out of money by this contractor ( per complaints ) ,the OAG can get involved ,thergo an attorney .

Wouldn't be the first time the OAG has gotten involved and had some results for those that complained .

If not ,then small claims w/ 2 or more estimates by reputable Cos.