Vincent Thomas Pallaci’s Answers

Vincent Thomas Pallaci

Huntington Station Construction / Development Lawyer.

Contributor Level 13
  1. Roofing contract

    Answered almost 2 years ago.

    1. Jayson Lutzky
    2. Andrew Endicott Schrafel
    3. Peter J Weinman
    4. Vincent Thomas Pallaci
    4 lawyer answers

    A written contract is mandatory for home improvement work such as roofing. There are a number of minimum legal requirements and a number of additional non-mandatory requirements that you should have. You must have a provision stating when the project will be complete, you must have a provision stating when payments are due, you must have a provision stating that contractors can lien if not paid, you must have a provision stating that you have 3 days to cancel, you must have a provision...

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  2. Legal Mechanic's Lien ?

    Answered over 2 years ago.

    1. Vincent Thomas Pallaci
    2. Patrick L. Evans
    2 lawyer answers

    In addition to being filed way too late, the lien also appears to be defective because the owner of the property (you) did not consent to the work or agree to be responsible for any payment. Lack of consent for the work defeats the lien. It sounds like you have a number of problems and will likely need an attorney to remove the lien as the process for lien removal in New York can be very complex.

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  3. On going construction in our house.the contructor was paid 90% of the amt.tofinish the job .a year now job not done.

    Answered over 2 years ago.

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

    Read your contract and consult with a local construction attorney. You can also file a complaint with the New York City Department of Consumer Affairs. The 10% that you are referring to is likely retainage which should customarily be held until satisfactory completion of the final punch list but this can be changed by your contract.

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  4. Can a Subcontractor file a lawsuit on a payment bond without filing a notice of claim. Subcontractor has contract w/ contractor.

    Answered over 1 year ago.

    1. Vincent Thomas Pallaci
    1 lawyer answer

    Pursuant to New York State Finance Law Section 137, a subcontractor that has a direct contractual relationship may file a claim against the bond if the subcontractor has not been paid in full within 90 days of last providing labor and/or materials. Notice is not a prerequisite (it is however a good practice). If the claimant has a relationship with the contractor's subcontractor, but no direct relationship with the contractor, then notice must be served within 120 days of last providing labor...

    2 lawyers agreed with this answer

  5. In New York, can I file a mechanic's lien/lien for construction work done for a place of business (business is a tenant)?

    Answered over 1 year ago.

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

    Since this is a commercial project, you may file a mechanic's lien against any property that you improved through your labor and materials within 8 months of the last time that you provided the labor and/or materials. The fact that the tenant, not the owner, hired you is relevant but not necessarily at this point. To ultimately establish a valid lien that can be enforced you need to establish that the owner consented to the improvement. This is actually more difficult than it seems but for...

    2 lawyers agreed with this answer

  6. Construction site next door caused dmage to my home and foundation. What would be the best way to recover damages reimburseme

    Answered almost 2 years ago.

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

    Damage due to defective, deficient and improper underpinning and shoring is a very common cause of property damage - especially in the NYC area. You should put your home owner's carrier on notice immediately and also put the neighbor and neighbor's contractor on notice of the claim. Notice issues can be very sensitive so you really should speak to a construction attorney and discuss this. In some situations, there is "strict liability" for this damage especially where, as here, the...

    2 lawyers agreed with this answer

  7. Mechanic lien: Are Checks with “Payment In Full” In Memo Field Legally Binding in NY?

    Answered almost 2 years ago.

    1. Michael T Millar
    2. Eric Edward Rothstein
    3. Vincent Thomas Pallaci
    4. Cheryl Rivera Smith
    4 lawyer answers

    Payment should be simultaneously exchanged with the lienor's attorney and you should be provided with a lien satisfaction and final lien waiver.

    2 lawyers agreed with this answer

  8. My contractor in NYC placed a lien on my co-op. I promptly paid and now he won't file a satisfaction of lien and remove it.

    Answered almost 2 years ago.

    1. Vincent Thomas Pallaci
    2. Hayley R. Greenberg
    3. Cheryl Rivera Smith
    3 lawyer answers

    You can file a lawsuit to have the lien discharged. You can also try filing a complaint with DCA. If he has a license, they will likely be able to help you get a quick resolution. (PS - You should never pay a lienor for a mechanic's lien without simultaneously receiving a lien satisfaction so that you can avoid these types of situations)

    2 lawyers agreed with this answer

  9. If im a salesman for construction ,and then after incorporation i become a salesman for health care,need i file an amendment...

    Answered almost 2 years ago.

    1. Vincent Thomas Pallaci
    2. Guy W Bluff
    3. Barry Franklin Poulson
    3 lawyer answers

    The purpose of the corporation generally need not be changed. However, you need to look at how our articles of incorporation were prepared and make sure that you did not limit yourself to a particular purpose. Generally, the certificate of incorporation will state that the corporation may engage in any lawful activity. Obviously you need to see if health care sales requires any particular license. In New York City, home improvement construction salesmen must be licensed by Consumer Affairs.

    2 lawyers agreed with this answer

  10. I hired a contractor to do work on my house. We had a written contract.

    Answered about 2 years ago.

    1. Vincent Thomas Pallaci
    2. Eric Edward Rothstein
    2 lawyer answers

    What you are talking about is the statute of frauds. The "real estate" contracts referenced do not include the type of construction work you are talking about. Therefore, the statute of frauds will not bar the claim for extra work in New York. New York does require that all contracts for home improvement be in writing, but the penalty for not having change orders/extras in writing is not prohibition of the claim. Instead, the contractor may be subject to some fines by the NYC Dept. of...

    2 lawyers agreed with this answer

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