Vincent Thomas Pallaci’s Answers

Vincent Thomas Pallaci

Huntington Station Construction / Development Lawyer.

Contributor Level 13
  1. If a neighbor whose land abuts our land and starts construction on a building and grades there land towards our land

    Answered over 1 year ago.

    1. Vincent Thomas Pallaci
    2. Jack Richard Lebowitz
    3. James K. Lyder
    3 lawyer answers

    Water runoff is a fact intensive issue in New York. If the construction that your neighbor performed significantly changed the natural flow of rain water (and snow melt) and is unreasonable then you MAY have a claim. You need to speak with a local attorney to discuss specifics of your situation.

    7 lawyers agreed with this answer

  2. What remedies do I have in NY for collecting money as a subcontractor from the general contractor?

    Answered over 1 year ago.

    1. Vincent Thomas Pallaci
    2. Eric Edward Rothstein
    3. Robert V Cornish Jr.
    4. Scott G Wolfe JR
    4 lawyer answers

    The answer is many. First, look at your contract and see what it says you must do in the event of non payment. Second, make sure you speak to a construction attorney to understand what deadlines you may be facing. For example, you can file a mechanic's lien but may only have 120 days from the last performance of work to do so. Speak to a construction attorney ASAP.

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  3. What is the time limit to report Construction and Demo without permits some work was done years ago and there are issues

    Answered over 1 year ago.

    1. Vincent Thomas Pallaci
    2. Steven Warren Smollens
    3. Peter J Weinman
    3 lawyer answers

    There is no time limit to report building code violations in New York City or to report unsafe conditions (including potentially dangerous structural issues). The process for reporting the issues is very simple. Call 311. Give the details of the violations and the DOB will (eventually) send out an inspector to review the allegations and if there are violations they will issue violations.

    5 lawyers agreed with this answer

  4. I had a in-ground pool installed in the summer of 2010. Every year since we have had an issue regarding the liner in the pool.

    Answered over 1 year ago.

    1. Vincent Thomas Pallaci
    2. Jayson Lutzky
    3. Shawn B Alexander
    4. John P Corrigan
    5. Theresa Marie Ringle
    5 lawyer answers

    If the pool was defectively installed, the company that installed it likely has some liability for the repairs. If the repair would require removing the existing pool to install a drain at the bottom and then re installing the pool, the repair could be extremely expensive. You should consult with a local construction attorney as soon as possible. While you would generally have a period of 6 years to bring the claim under a contract theory, that could have been changed or limited by your contract.

    5 lawyers agreed with this answer

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

    Answered almost 6 years ago.

    1. Vincent Thomas Pallaci
    2. Edward Jay Kinberg
    2 lawyer answers

    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...

    9 people marked this answer as helpful

  6. What happens if a contractor forgets to file a mechanics lien on time?

    Answered almost 2 years ago.

    1. George William Wolff
    2. Christian Frederick Paul
    3. Vincent Thomas Pallaci
    4. Frank Wei-Hong Chen
    5. Jane Ellen Bednar
    6. ···
    6 lawyer answers

    I do not practice in California but in every jurisdiction I have ever seen failing to file the lien on time is fatal to the lien right. As for the contractor not filing the lien, it probably will not be held against him by a Court. You do not HAVE to file a mechanic's lien. However, your question is not clear about your relationship to the lienor. If there was no direct relationship (known as privity) the lienor may have no right to bring any claim against you as the owner without a lien....

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. A subcontractor placed a lien on my property and now is trying to negotiate directly with me to complete to complete the job.

    Answered over 2 years ago.

    1. Vincent Thomas Pallaci
    2. Anthony Christopher Saline
    2 lawyer answers

    To directly answer your question, a mechanic's lien under New York law cannot be placed for work that has not yet been done. A mechanic's lien may only be filed for labor and materials actually performed and delivered (with the exception of specially fabricated materials). If your demand for an itemized statement has not been responded to, then, assuming you have properly served it, you may initiate a special proceeding seeking the itemization under Lien Law section 38. If the order to...

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  8. Do I have a right to see the receipts of my contractor?

    Answered almost 2 years ago.

    1. Timothy John Broussard
    2. Albert Lee Crosner
    3. John Noah Kitta
    4. Vincent Thomas Pallaci
    5. Kevin Samuel Sullivan
    5 lawyer answers

    I do not practice law in California and if you are being sued you really should speak with an attorney. In general, you absolutely have the right to review the "raw receipts" as you call them during a lawsuit. During the phase of the lawsuit known as "discovery" you can ask for any relevant information to the claim and receipts for alleged materials and labor are relevant. But, again, you really need to speak to a local construction attorney quickly.

    5 lawyers agreed with this answer

  9. Do you need a license to act as a general contractor in New York? If you work without a license, can you still be paid?

    Answered 5 months ago.

    1. Vincent Thomas Pallaci
    2. Glenn Johnston
    3. Eric Edward Rothstein
    3 lawyer answers

    In each of the boroughs of New York City, a home improvement contractor's license is required for work that falls into the definition of home improvements under the NYC regulations. For commercial work, you do not need a home improvement contractor's license nor do you need a general contractor's license. In fact, there is no "general contractor's license" for commercial work in NYC. Instead, you should register as a general contractor with NYC DOB. You will not be able to file any...

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  10. How to resolve false construction complaint filed by a neighbor?

    Answered about 1 year ago.

    1. Vincent Thomas Pallaci
    2. Peter J Weinman
    3. Thomas J. Wagner
    3 lawyer answers

    You cannot "get rid" of a complaint. A complaint is just that - a complaint. There is no violation until the inspector performs the inspection and finds that the complaint was warranted and issues a formal violation that you would have to cure. The LS4 simply means that the inspector came by and could not gain access. You are not legally obligated at this point to allow anyone into your home. In many situations, the inspector will never come back and no violation will ever be issued. If...

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