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New York Construction Law Questions & Answers
1 Answer | Asked in Construction Law and Land Use & Zoning for New York on
Q: Hello. I live in a road that has a shared egress. What is a common road agreement for a shared road? How is it split?

There are 3 owners that live on the adjacent property. One is a farm with 28 acres, 9 homes and businesses. One is a restaurant with 2 acres. I own 1.9 acres and have 2 homes on my property. The farm with 9 homes and businesses has the most land and travels the whole length of the shared road. They... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on May 17, 2022

The type of easement described here is a roadway easement for ingress and egress to another parcel of property. In this case, ingress refers to having the right to enter a property, while egress refers to the right to exit a property. An example of this type of easement is a shared roadway through... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Construction Law and Landlord - Tenant for New York on
Q: we rented/own property from a shady dealer who promised that we'd have foundation (there isn't). can we sue or get help?

my mother who rented from our old landlord was promised that the three houses (trailers) would have foundation under all of them. when the ink was placed and the money spent we were stuck with 3 trailers that had no foundation, were not up to code, and now are slowly destroying themselves because... Read more »

Elaine Shay
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Elaine Shay
answered on Mar 17, 2022

In order to determine whether you have a potential cause of action against the seller, the contract that was signed will need to be reviewed. I suggest scheduling a consultation with a local attorney to have the contract and the facts of your situation properly reviewed so that you can receive the... Read more »

1 Answer | Asked in Communications Law, Construction Law, Education Law and Energy, Oil and Gas for New York on
Q: can you help me sue my dead grandma

they dead

Tim Akpinar
Tim Akpinar
answered on Jan 6, 2022

If this involves something with an estate or will, you might have better chances of a reply in the Probate or Estate Planning categories under New York. But in either case, it would be difficult for attorneys here to reach out to you to help with a lawsuit - this forum does not work like an... Read more »

1 Answer | Asked in Construction Law for New York on
Q: I work for a construction company that Reconditioning them. I am now being now I need vaginated for covid? Is that true
Tim Akpinar
Tim Akpinar
answered on Nov 14, 2021

Your question remains open for almost a week. The reason could be that workplace vaccination protocols are something that employment law attorneys deal with more than construction law attorneys do (the category chosen for the question). One option is to repost your question and add "Employment... Read more »

1 Answer | Asked in Real Estate Law and Construction Law for New York on
Q: I asked a question regarding legal living space before but I think I left put some details

I am closing in the sale of my home. I work at the town office in the assessing department and so I am familiar with glitches that can happen with open permits etc. I am selling a Victorian home built in 1890 which has an unheated attic with sheetrocked walls and newer windows. The attic was this... Read more »

Michael David Siegel
Michael David Siegel
answered on Oct 27, 2021

I have not seen your contract or listing. There is likely nothing wrong with an attic with no windows if it is not a living space. If the contract or listing represented that it was a living space, that is your problem. It is not the house that is in violation. It is the way you are using it... Read more »

1 Answer | Asked in Real Estate Law and Construction Law for New York on
Q: I am looking for case law on disputes between homeowners and building departments in NY

My attic has sheet rock but is unheated. my town building department is calling it a "violation" because it has no "egress window" we are at the zero hour of closing the sale of the house and are being held up by this violation. I have been told unheated space cannot be called... Read more »

Michael David Siegel
Michael David Siegel
answered on Oct 27, 2021

Unheated space cannot be living space. The issue is the fault of your lawyer when you bought the house, your broker who listed it now as a "living space", and your lawyer who allowed this issue to fester until closing. While it is sometimes reasonable to overlook these issues at a... Read more »

1 Answer | Asked in Construction Law and Contracts for New York on
Q: Is a hand written contract to terminate another contract legally binding?

I had a contract with a home builder to build a house but things went bad. I asked to walk away and the builder agreed to terminate the contract in exchange for some money which I paid. We didn’t use a attorney but wrote up a simple agreement and signed it. Am I clear of the builder’s contract now?

Michael David Siegel
Michael David Siegel
answered on Sep 13, 2021

Depends on what you signed. The concept that a handwritten amendment can modify a preprinted form is true.

1 Answer | Asked in Civil Litigation and Construction Law for New York on
Q: Can I take a contractor to court to recover damages that were made even though the contract states they are not ?

I had concrete work done. There was plenty of clearance to the area. They went around an area not even in the scope of the job with heavy equipment. They never did anything to protect that area until the next day when they laid boards down. This ended up costing me more money for dirt and grass... Read more »

Michael David Siegel
Michael David Siegel
answered on May 25, 2021

Sure, if you have the proof from an estimate from someone else to fix the damages.

1 Answer | Asked in Civil Litigation, Construction Law and Contracts for New York on
Q: I need advice on pursuing a breach of contract by a modular home contractor.

In August 2018 I signed a contract for production of a modular home. The contractor required 10% down to obtain the design and guarantee cost of home. Over the past 3 years we have dealt with multiple issue. I have come to find out that the delays were mostly lies on the part of the contractor.... Read more »

Mathew Paulose Jr.
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Mathew Paulose Jr.
answered on May 19, 2021

Greetings. It appears you are unhappy with the progress of your modular home construction. In New York, disputes between modular home vendors and buyers are governed by their written agreement. The agreement will have provisions concerning performance, time, and, often, disputes, which may have... Read more »

1 Answer | Asked in Construction Law, Civil Litigation and Land Use & Zoning for New York on
Q: NYS recently passed a law superceding a local law. The local law has provisions inconsistent with the NY law, but parts

are more restrictive. Will the local law have to be rewritten and can all the extra restrictions be added right back in?

Tim Akpinar
Tim Akpinar
answered on Aug 18, 2020

As a general rule, state laws generally supersede local laws. There are settings where local laws are sometimes stricter than state or federal laws. In terms of local laws being rewritten, that could be up to city officials, based on peoples' feedback. It would be best to consult with an... Read more »

1 Answer | Asked in Consumer Law and Construction Law for New York on
Q: WHAT IS THE RULING ON DEFAULT AND THE CASE GOES BACK TO THE ORIGINAL COMPLAINT AND HOW DOES THE COURT ASSES THE DAMAGES

The defendants committed fraud and were a LLC when they defaulted by failing to provide discovery and did not show up for the trial the judge told us it would go back to the original complaint where each defendant and company was liable. The judge wanted a notarized assessment . During that time... Read more »

Michael David Siegel
Michael David Siegel
answered on May 24, 2020

It is unclear to me what happened to you and what you want to happen now. To answer your direct question, a plaintiff must prove damages even if a case is uncontested. The proofs are uncontested but must exist and be cognizable under the law.

1 Answer | Asked in Business Law, Construction Law and Contracts for New York on
Q: Is a oral contract with a remodeling contractor who has been given the code approved plans provable in a court of law?

Hired a contractor upon receiving a written estimate. He was provided with engineered building plans and the knowledge the code enforcement was involved. I was the permit holder. He received payment in advance due to him stating he could secure financing through Synchrony bank where he is a... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 20, 2019

Your question assumes a critical fact not established in this dispute. Just because you say the contract was oral does not make it so. IMPO, the remodeling contract you have with the contractor is clearly evidenced by the written estimate provided to you, apparently without objection. Paying the... Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation and Construction Law for New York on
Q: I live in a condo in New York City. Abatement for defective vent that blows foul smells into apartment?

The vent blows air into my apartment instead of withdrawing air as it should. Consequently, the whole apartment often fills several times a day with unpleasant cooking and bathroom smells from elsewhere in the building. My email records show that I have been complaining since 2008, sometimes... Read more »

Elaine Shay
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Elaine Shay
answered on Feb 25, 2019

If you are the owner of a condo unit, you do not have a typical landlord/tenant relationship with the board as you would in a coop apartment. Therefore, abatement may not be the correct term to use. If you want the situation corrected, you will need to have the formation documents carefully... Read more »

1 Answer | Asked in Business Law and Construction Law for New York on
Q: You dream it, we build it Can I use this for my construction company as a slogan?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
answered on Jan 22, 2019

Assuming you don't violate any Intellectual Property rights if others have copyrighted this phrase, and assuming you don't falsely advertise your services and note clearly in contracts and on your website that this slogan is not a literal promise, it might be a useful slogan. More details... Read more »

1 Answer | Asked in Construction Law, Family Law, Land Use & Zoning and Real Estate Law for New York on
Q: how do you apply a mother-daughter to a single family house?
Elaine Shay
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Elaine Shay
answered on Oct 2, 2018

If you are asking how to allow use of a one-family house as a two family, you would have to amend the certificate of occupancy. This is sometimes but not always able to be done and may involve the services of an architect, expeditor or other other professional as well as an attorney.

1 Answer | Asked in Construction Law and Landlord - Tenant for New York on
Q: I moved two weeks ago to an apartment that is going through construction. Nobody told us it will take 3 months.

The realtor told us they are fixing the windows and it will take in till mid summer, that’s why we signed because our windows were done already.

A week after we move in,the management sends out a note that the Terri’s is going through a whole construction and we can’t go out to the... Read more »

Elaine Shay
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Elaine Shay
answered on Jun 18, 2018

Depending upon the specifics of your situation and how the repairs impact your tenancy, you may be entitled to a rent abatement or possibly recision of your lease. However, don't expect the landlord to be happy about it or easy to deal with. You may do better retaining an attorney to... Read more »

1 Answer | Asked in Real Estate Law and Construction Law for New York on
Q: Coop board wants me to fix a patio that I had installed that they claim is pooling water into the stoop. Do I have to?

Approximately 6 years ago I had a patio installed that was built on a tilt towards my stoop. The board approved the patio being built (although neither I nor the board knew about the angle.). However the board claims that my patio causes water to pool on the stoop which is false because water... Read more »

Michael David Siegel
Michael David Siegel
answered on Apr 14, 2018

Hire an engineer or architect to state that fact. Submit formal report to board.

1 Answer | Asked in Consumer Law, Contracts and Construction Law for New York on
Q: I know I'm sued for some money. But I've never served officially. Do I wait or ask them to serve me properly?

Some company didn't get the money from my Insurance company for their work on my house for only the "emergency" matters. But their invoice in very high over $169,000 for removing debris caused by fire and boarding up openings. So my insurance company hired a 3rd party to review the... Read more »

Michael David Siegel
Michael David Siegel
answered on Mar 15, 2018

The case is likely efiled and viewable online. Playing the service of process game serves no purpose here. I would just look up the complaint and answer. The lien is the victory for them.

1 Answer | Asked in Consumer Law and Construction Law for New York on
Q: My contractor hasn’t finished a home remodeling project after 7 months. How can I dispute the 40K charge?

I was initially told it would take 6-8 weeks. Multiple vendors are involved, but the entire project is managed by a major national chain. I live in NJ and the property is in NY.

Leonard R. Boyer
Leonard R. Boyer
answered on Jan 26, 2018

You need to retain a NY litigation attorney to resolve this matter. This type of case is best handled in State Court, although technically you might be able to bring an action in Federal Court in NJ, that would be much more expensive.

1 Answer | Asked in Construction Law, Land Use & Zoning and Real Estate Law for New York on
Q: IN WHICH BRONX COUNTY COURT AREA CAN I OBTAIN INJUCTION TO STOP STREET CONSTRUCTION THAT DRILL INTO MY HOUSE WHAT FORMS?

UNANNOUNCED AND FOR 2 WEEKS CONTRUCTION WORK ON OUR BRONX STREET BLOCK CLAIMING UPGRADING YOUR GAS LINE. SHOCKINGLY THIS DAY I WOKE TO FIND THAT THEY HAVE DRILLED A MIGHTY HOLE ACROSS SMASHING SIDEWALK WHICH I HAD PAID FOR DIRECTLY INTO MY OWNER OCCUPIED TWO FAMILY HOUSE INTO THE FOUNDATION ALSO... Read more »

Barry E. Janay
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Barry E. Janay PRO label
answered on Oct 17, 2017

You most likely would have to file a notice of claim with the NYC Comptroller First and then file a suit in the NY Supreme Court, Bronx County.

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