Vincent Thomas Pallaci's Answers

Can a sub-contractor put a lien on our property if he is not paid in full by the general contractor?

A subcontractor can place a mechanic's lien against your home if he was not paid by the general contractor that you hired only if you have not paid the general contractor. If you have paid the general contractor, then the subcontractor's lien rights are extinguished and his only remedy is to sue the general contractor. However, if you have not paid the general contractor, then the subcontractor is permitted to file the lien. The lien law is very specific about what must be in the lien, when...

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Member ship in an LLC, when is it determined and how can you remove a member?

Membership in an LLC in the State of New York is a dangerous risk without an operating agreement. You seem to indicate that you do not yet have an operating agreement. Without an operating agreement, there is a very limited set of circumstances in which a member can withdraw from the LLC. You should speak to a local attorney to discuss the specifics of your situation to determine whether you are a member at this point and, if so, whether you meet the requirements for being able to withdraw....

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We hired a roofing company to complete our roof and they didn't comply with contact, what can I do?

There are a few things you need to look at to determine what your options are. First, look at your contract and see what your options are in the event of non-compliance. You may have to put the contractor on written notice for example. Second, find out if the 3 foot ice shield vs. the 6 foot ice shield makes a substantive difference. Assuming it does, what is the cost to remedy the problem? If the cost to remedy exceeds the value of your retained funds, assuming that your contract allows it,...

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Does a General Contractor have the right to demand money back from a subcontractor 3 weeks after the job was completed?

You always have the right to demand money back. The real question is whether the subcontractor has any obligation to comply with the demand and actually issue a refund to the GC. There are not nearly enough facts in your question to be able to adequately answer it. The starting point is going to be analyzing the contract between the subcontractor and the GC to see what the terms say. There may be a dispute resolution provision in there, a default notice provision, a requirement to submit a...

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What does it mean if a lawyer's license status is "delinquent?"

When a New York lawyer's license status appears as "delinquent' it simply means that he or she has not yet filed his or her biennial registration statement. Attorneys in New York are required to file their registration statement every other year. I am only guessing as to why the field is "required", but it is likely just to give the public an idea of whether that attorney's license is current.

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My Mother bought a manufactured home from G&I Homes around 7 years ago. The Manufacturer is Fairmont Homes out of Indiana.

You most likely are out of time to do anything since you say you purchased the home "around 7 years ago." The minimum statutory warranty for a new home is 6 years. However, that six years only covers major structural failures. While mold is a significant problem and extremely expensive to remedy, it is generally not a structural issues. Non-structural issues last less than 6 years under the statutory minimums. While the manufacturer is free to provide you with a warranty that exceeds...

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My roof was installed incorrectly, in contract - lifetime warranty, constructor refuse to show receipt and shingle' box/package

You have to check your local small claims Court rules. Some small claims courts will accept TWO written estimates as proof of costs to remedy defective work. However, not all courts are the same so you really must check your local rules. If submission of written estimates is not sufficient, you will have to pay an expert to testify in court for you and this could quickly get expensive and cost prohibitive even if you are 100% right.

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What is a subpoena duces tecum with restraining notice?

From the very limited information that you have provided it is likely that someone (likely the plaintiff in the caption on the subpoena) has obtained a judgment against you and is attempting to enforce it. The restraint is likely on a bank account. You should immediately consult an attorney to protect your rights before further judgment enforcement efforts are taken.

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Coop property damage from upstairs neighbor

You should immediately consult a local attonrey because your claims may be time sensitive. You should first put your home owner's insurance carrier on notice (preferably in writing) of the potential damage. The policy may cover the loss. Second, if the neighbor will not pay to replace the water damaged items you have the option of filing a lawsuit. A local attorney will be able to discuss the specifics of your situation with you to determine if it is worth your time and effort to pursue...

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I am a General Contractor... Can a client sue for me charging too much??

There are not enough facts in your question to answer you definitively so I will give you some general information. First, a building owner usually cannot sue a general contractor for "charging too much." Charging too much would imply that the contractor's prices were too high. If the building owner agreed to pay a certain price for base or change work, regardless of whether those prices were high, then the building owner is obligated to pay for those charges. If there was some fraud or...

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