New York Construction Law Questions & Answers

Q: You dream it, we build it Can I use this for my construction company as a slogan?

1 Answer | Asked in Business Law and Construction Law for New York on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
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 are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors,...

Q: how do you apply a mother-daughter to a single family house?

1 Answer | Asked in Construction Law, Family Law, Land Use & Zoning and Real Estate Law for New York on
Answered on Oct 2, 2018
Elaine Shay's answer
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.

Q: I moved two weeks ago to an apartment that is going through construction. Nobody told us it will take 3 months.

1 Answer | Asked in Construction Law and Landlord - Tenant for New York on
Answered on Jun 18, 2018
Elaine Shay's answer
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 negotiate a resolution on your behalf.

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?

1 Answer | Asked in Real Estate Law and Construction Law for New York on
Answered on Apr 14, 2018
Michael David Siegel's answer
Hire an engineer or architect to state that fact. Submit formal report to board.

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?

1 Answer | Asked in Consumer Law, Contracts and Construction Law for New York on
Answered on Mar 15, 2018
Michael David Siegel's answer
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.

Q: My contractor hasn’t finished a home remodeling project after 7 months. How can I dispute the 40K charge?

1 Answer | Asked in Consumer Law and Construction Law for New York on
Answered on Jan 26, 2018
Leonard R. Boyer's answer
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.

Q: IN WHICH BRONX COUNTY COURT AREA CAN I OBTAIN INJUCTION TO STOP STREET CONSTRUCTION THAT DRILL INTO MY HOUSE WHAT FORMS?

1 Answer | Asked in Construction Law, Land Use & Zoning and Real Estate Law for New York on
Answered on Oct 17, 2017
Barry Eran Janay's answer
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.

Q: I purchased 2 boats from a very large and well known construction company.

3 Answers | Asked in Business Law, Contracts, Construction Law and Small Claims for New York on
Answered on Jul 10, 2017
Ali Shahrestani, Esq.'s answer
What are the terms of your contractual agreements? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...

Q: I hired a contractor to remodel a basement apartment. He left my home in a dangerous shambles, can I sue?

3 Answers | Asked in Consumer Law, Contracts and Construction Law for New York on
Answered on Jun 20, 2017
Mitchell A. Nathanson's answer
If you can locate him and/or his company, you should definitely sue for breach of contract and replacement damage.

You should also report to your local BBB so that others don't suffer the same fate.

#LegalQ&A #NathansonLaw

Q: Can owner of project demand me to credit part of job based on payment schedule G703 form.

1 Answer | Asked in Business Law, Contracts, Construction Law and Government Contracts for New York on
Answered on May 23, 2017
Barry Eran Janay's answer
The short answer is that you have to carefully look at the contract and scrutinize the obligations each of you have. The long answer begins with "it depends..." Basically the rules of contract law will government, when there is a breach each side has a duty to mitigate damages / losses. Inadequate or shoddy workmanship does qualify as performance on a contract and therefore doesn't obligate the other party to pay.

Q: Not able to pay contractor remaining installments because of sudden financial difficulties .

1 Answer | Asked in Contracts and Construction Law for New York on
Answered on Apr 1, 2017
Michael David Siegel's answer
You should not have them do work you cannot pay for. That is going to lead to damages against you, and a lien on the apartment. You should tell them to stop work, and that you are not paying. Your breach entitles them to "quantum meruit" damages, which is payment for work done, which you say you paid. It also entitles them to damages if they cannot get another job. They have to mitigate damages by working elsewhere, but you have to pay for any loss. However, a mechanics lien can only be...

Q: What happens to a case if a contractor who filed a lien and a lawsuit to foreclose on it then files for bankruptcy?

1 Answer | Asked in Bankruptcy, Collections, Construction Law and Consumer Law for New York on
Answered on Feb 4, 2017
Ali Shahrestani, Esq.'s answer
You may be able to file as a creditor or file a judgment lien in his bankruptcy case, if applicable. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal...

Q: Is it against the code to do construction work on a residence during weekends if owner is not living there?

1 Answer | Asked in Construction Law for New York on
Answered on Jan 26, 2017
Ali Shahrestani, Esq.'s answer
This may qualify as a nuisance and possibly a violation of your city's noise ordinance. You can make a complaint with the Police, and you might be able to sue the neighbor for nuisance. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense,...

Q: I had received a total of 50,000 in grant money to fix my house the contractor didn't finish. its been 8 years?

1 Answer | Asked in Real Estate Law and Construction Law for New York on
Answered on Jan 23, 2017
Ali Shahrestani, Esq.'s answer
Have a lawyer review the contract, communications, and facts of your legal issue to determine if there has been a breach of contract or negligence here. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...

Q: I am renovating an apt in Manhattan. My contractor made a major error by replacing a gas branch line.

1 Answer | Asked in Real Estate Law and Construction Law for New York on
Answered on Oct 11, 2016
Barry Eran Janay's answer
Basically, on the given facts the plumbing contractor was in breach of the contractual duty to perform in a workmanlike manner. A demand letter should be issued to the plumber subtracting the amount of work you paid him for the unacceptable work and adding the amount that you will need to pay to correct it as the damages you are arguably entitled to recover from him.

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