Asked in Contracts and Construction Law for New York

Q: Contractor stopped showing up. What do I do?

The contractor has done half the work and has received half the payment. For three months, he has said he will return and has given me a date on four occasions, but never showed. He gave me an excuse the first time, but never communicated why since then.

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2 Lawyer Answers

A: If in NYC, you can file a complaint with the department of consumer affairs. That is the cheap, i.e. free option. You can also sue in court.

A: You can sue in small claims or town or city court, depending upon the jurisdiction and amount. Once you are successful if you prove your case, you will probably chase your tail trying to get paid on the judgment unless you can garnish his earnings Often, contractors who take your money and abandon the job own nothing you can reach because they ae an LLC or Subchapter S coproration and the corporation owns nothing. Contact the NYS Attorney General which office will write you a letter after up to several months "investigating the case" to advise you to hire private counsel.

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