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Vincent Thomas Pallaci
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Vincent Pallaci’s Answers

270 total


  • I own a semi attached home I N.Y , my front stairs and my attached neighbors are all one and the same in construction

    So to repair one side you must do both. My question is there side is in need of repair and is effecting the safety of my side, they do not want to do any repair and you can't fix one side without doing other. What is my recourse??

    Vincent’s Answer

    The New York City Building Code actually has very specific provisions regarding obligations to repair common walls etc. If you speak to a local construction attorney or an architect or contractor familiar with the Building Code they will likely be able to tell you exactly what you must repair and what they must repair given your particular situation.

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  • Can a Freelance Draftsman Put a lien on a property who did work for the Architect of Record that stop payment on work invoiced?

    I did freelance drafting for a Registered Architect, and invoiced for work performed up to date. I received the check for the work performed. Payment was stopped because I suddenly withdrew myself from the project due to a family emergency I had. ...

    Vincent’s Answer

    You should speak with a local attorney familiar with New York Lien Law to assess the specifics of your contractual relationship and the services you performed. In general, architectural services are covered by the Lien Law but a specific analysis of your situation is required in order to determine whether your particular situation is protected and covered by the Lien Law.

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  • Starting a construction company . What type of lawyer should I be looking for?

    I was speaking to a lawyer who has great reviews on this site. He didn't know what rebar was, which means he's prob not that familiar with construction. Is it a mistake to hire him?

    Vincent’s Answer

    There are actually a lot of answers to this question because your business can (and likely will) run into many problems that require counsel. However, every construction company should have a construction attorney. These attorneys are familiar with the construction industry and can usually "talk the talk." They may not know how to install rebar, but they know generally what it is and can follow the conversation and assess the situation. The construction industry tends to walk hand in hand with the legal industry. Construction involves contracts, liens, government regulations, licenses, bonds, labor, employment law and many other issues. You have made the right first step in looking to bring an attorney in early now the key is hiring the right one. Good luck!

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  • Roof replacement.

    Is the roofer responsibility to insured proper ventilation in the attic. ?? When replacing the roof.

    Vincent’s Answer

    You are not going to find the answer here. When evaluating potential defective construction, and evaluating who is responsible, you are going to generally look to three places: 1) the contract terms - did the contract specify the condition; 2) the plans - did the plans contain a specification for ventilation; and/or 3) industry standard - is the generally accepted normal and customary practice in the industry for the roofer to take care of ventilation of the attic?

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  • Withdraw construction application for difficult customers and professional liability if remain name on these applications

    I am an architect designed 2 construction jobs and hired as inspection party. After 2 years, one client didn’t follow plan and finished work completely different . Another client never finished work but already opened his store for over 1 year. ...

    Vincent’s Answer

    Your rights and responsibilities with regards to your customer are going to be guided by your contract. First look there to determine whether you may withdraw from the project, etc. Second, as a registered design professional you have certain obligations to the general public. Did you sign any TR1s? If so, have not notified the DOB of any changes from your design? Did you perform any special inspections and, if so, notify the DOB of any non-compliance/deviations? You also have an obligation under the Rules and Regulations for Architect's to notify certain people of deviations that may be deemed dangerous. You should absolutely consult with an attorney right away to determine what your rights and responsibilities are and whether you have any reporting obligations.

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  • Can an unlicensed contractor file a mechanic lien? How easy would it be to remove it?

    An unlicensed contractor filed a lien against my home, he never finished the job, and claims I owe him money.

    Vincent’s Answer

    • Selected as best answer

    Whether an "unlicensed contractor" may file a mechanic's lien in New York first depends on whether the local jurisdiction requires a license for the type of work involved. For example, most jurisdictions in New York do not require a license for "new construction". However, many of those same jurisdictions will require a license for "home improvement." Such jurisdictions include New York City (all boroughs), Nassau County, Westchester County and Suffolk Counties. The analysis can go even further because certain Town's regulate the home improvement industry as well and would supersede County laws (for example the Town of Southampton).

    Assuming, for purposes of your question, that the contract was performing work in a jurisdiction that requires a license for the type of work performed then the contractor can file a mechanic's lien but it is not a valid mechanic's lien. The process for removing is not overly time consuming or difficult but it will require the hesitance of a local construction/lien law attorney.

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  • Can a Condo Board sue the DOB for approving a CO where the building has material construction defects

    CO list construction class llb, masonry walls separating units....We just found out the developers installed 2x6 drywall assembly

    Vincent’s Answer

    • Selected as best answer

    In virtually every conceivable scenario, the answer is "no", there is no claim to be made against the DOB for the condo's construction defects. There may be a claim against the sponsor/developer. A more definitive answer would require consulting with a construction attorney and an expert (engineer, architect) to confirm non-compliance and value the variation (to determine whether the claim, even if viable, is cost effective to pursue).

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  • If I work for a contractor as a subcontractor and he doesn't pay me can i put a lien on that job site

    I waswondering if I could put a lien on a residential house

    Vincent’s Answer

    I do not practice in MT or have any knowledge of MT law so I cannot give you any actual legal advice. However, in general subcontractors that are not paid do have lien rights in most states. Some states have pre-lien notice requirements and others do not. Regardless of the State, those that do allow liens have time limits. Therefore, speak to a local construction attorney as soon as possible to determine whether you have any lien rights in your specific situation.

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  • I was not paid scale wages while working on the Homeland Sec. Project in D.C. as a subcontractor. What is my next step?

    I was a subcontractor working on a Federal Project in DC. My hourly wage was 19 ph. Clarke Construction had a prevailing wage posting at their trailer which was over 25 ph for my particular trade as a low voltage cable installer,but when we questi...

    Vincent’s Answer

    First and foremost speak to an employees rights attorney as soon as possible. You can also contact the Department of Labor and file a complaint if you believe you were not paid the proper legal wages for the work. If you worked for a subcontractor, sometimes it pays to go to the general contractor. However, before doing that you should speak to a local attorney to protect your rights and understand the risks and benefits of going to the GC and/or Department of Labor.

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  • What do I do when a Construction worker has been paid but didn't finish?

    I paid someone to build a porch. Most is done but not completed. My calls are being ignored and he makes excuses when I do speak to him. He says he will come the next day but never does

    Vincent’s Answer

    Speak to a local construction attorney. There may be a licensing jurisdiction that has control over this individuals license and can intervene on your behalf. Another viable option is usually to sue. Since I don't practice law in South Carolina I'm not able to offer you any legal advice. Definitely contact an attorney to know your rights and avoid missing any key deadlines.

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