Skip to main content
Vincent Thomas Pallaci
Avvo
Pro

Vincent Pallaci’s Answers

270 total


  • A contractor didn't insulate properly and my pipes froze. I spent 1000 & want to deduct it from his bill.

    I have receipts from the plumber. Can he put a lien on my home?

    Vincent’s Answer

    You cannot stop the plumber from placing a mechanic's lien against your home. However, if he in fact did defective work the backcharge for corrective work and to repair the damages would be valid.

    See question 
  • How to ensure the mechanic's lien is properly discharged after paying the lienor? Do I really need an attorney??

    Mechanics lien was placed on my NY apartment in 2008. We had the lien bonded for $10k so that we can sell the apartment. In 2011 a judgement was ordered against us to pay the lienor, the amount of lien + interest on the lien amount, which comes to...

    Vincent’s Answer

    If the lien is bonded properly it is no longer recorded against the property so there is nothing you need to make sure that it is removed from the property after payment. The surety that issued the bond will direct you as to what documentation they will require in order to pay out (each surety is a bit different). If a judgment was entered, once the judgment is paid, the lienor should offer a satisfaction of judgment.

    See question 
  • Is the NY mechanics lien valid if property was sold. There is a lien bond though.

    Contractor filed a mechanics lien on apt for $10k in 2007. We paid per Contract, but he presented more fake bills without explanation. We bonded the lien and sold the apt and moved to TX. Fought the case for 5 years without an attorney. The White ...

    Vincent’s Answer

    You need to speak with experienced New York construction counsel to discuss specifics of your case. In general, the bonding of the mechanic's lien almost certainly rendered the sale of the apartment meaningless. Once a mechanic's lien is bonded the lien is transferred from the real property to the bond so the sale of the unit after the bond is obtained means the sale does not impact the mechanic's lien. If the bond is still valid, the surety will likely pay the claim if there is a judgment that the lien is enforceable and proper.

    See question 
  • 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.

    What can I do to either get my money back or get him to remove this lien. I actually do not think he is licensed by the DCA any more.

    Vincent’s Answer

    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)

    See question 
  • Roofing contract cancellation

    Do I have the right to cancel in 3 days in a roofing contract that I signed in NY?

    Vincent’s Answer

    Yes a 3 day cancellation period is mandatory for home improvement contracts (with limited exceptions).

    See question 
  • Roofing contract

    What things should be stated in a contract to do the roof? (I can imagine but I still want to see if I forget anything). 2. Is the roofing contractor allowed to charge more if he finds something more wrong with it even if I have a co...

    Vincent’s Answer

    • Selected as best answer

    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 stating that all funds will be held in trust or alternatively that a bond will be posted. These are required by law (not an exhaustive list). In addition, you should have a provision regarding termination, dispute resolution, notice to cure and events of default (again not an exclusive list by any means). You should have a local attorney address and negotiate the terms of the contract for you.

    See question 
  • 3 day cancellation in roofing contracts.

    What is this 3 day cancellation with contracts specifically with roofing in my case. The law gives you that right? Second question very important in answeing it- in the contract it states I have to pay him 15 percent in the event I cancel eve...

    Vincent’s Answer

    • Selected as best answer

    Three day cancellation is mandatory for home improvement contracts entered into in Nassau and Suffolk Counties. There are some very limited exceptions to this. As for the 15% payment, it cannot apply to the 3 day period. The 3 day period is without penalty. After that period, 15% may be enforceable as liquidated damages. NY will not enforce penalties in contracts but will enforce liquidated damages provisions.

    See question 
  • Do I have a case against my contractor after 10 years has elapsed?

    My roof was installed in 2001. Shingles blew off during the first wind. I examined the shingles and found out that they were nailed wrong. They were not on the nail line therefore the nail did not "catch" the shingle underneath. I notified my cont...

    Vincent’s Answer

    In addition to the prior answer, you should consider whether it is practical to commence a suit (if you are not time barred) for $590.00. It is certainly too small of a debt to justify hiring an attorney so you would be bringing the claim in small claims court.

    See question 
  • Am I liable for a job site injury where I was not the hired contractor?

    Our company arranged to pick up scrap material from a building demolition job site. We hired an outside trucking broker to find and schedule the truck. In the course of the truck being loaded by the demolition contractor at the site, one of their ...

    Vincent’s Answer

    Injuries often occur on construction sites and a common knee jerk reaction is for the injured party to sue everyone that it can. Because of contractual obligations, there are often a number of parties that share in the responsibility for the defense and indemnification costs. There is also the potential statutory liability under the Labor Law mentioned by the prior answer. You should consult with a local attorney immediately and in most instances where there is a job site injury it is a good practice to put the GL carrier on notice.

    See question 
  • Can I sue construction company about causing damage to another property?

    There is a school behind my house with huge sport field and our house in kind of down hill and they are a little high from us. So when its raining, water from sport field goes to a water canal what is between my house and the school. BUT, they are...

    Vincent’s Answer

    You have a potential claim but you must speak to a construction attorney with specifics of our claim immediately. As the prior answer mentions, you must serve a notice of claim within 90 days. You should also put your own home owner's insurance on notice of the claim right away to protect your rights under that policy should you not be able to recover from the school or the construction team. Construction projects within the City of New York are required to manage the flow of water from the project created by their construction. If they failed to do so, you may have a claim against the construction professionals (contractor, architect, engineer, etc.). Do not wait to speak to an attorney.

    See question