I did a drywall job for a friend on a verbal agreement and had yet to get paid. I need advice how to handle it.
A written contract is not required for filing a mechanic's lien in New York. However, if the work you are performing requires a license, and you do not have a license at the time you perform the work, you are generally not entitled to recover payment or file a lien. I believe the City of Niagara Falls does require "home improvement" work to be licensed. Installing drywall may (probably does) qualify as home improvement. You should check the local licensing requirements before filing a lien.See question
I was served with an extension of a mechanics lien for from a chop shop - I was never even served with the first. I'm trying to bring this matter to the judge to force the sub to foreclose within the 30-day time frame. Not only did I never have a ...
To trigger Lien Law Section 59 you must first serve a demand that complies with Section 59. Upon the expiration of the 30 days, a special proceeding can then be brought (through the Order to Show Cause and Petition). A Section 59 proceeding MAY be filed in conjunction with a Section 19 proceeding challenging the mechanic's lien on a Section 19 basis. The caption will include a Section 59 and a Section 19 request for relief and there will be two different requests for relief in the petition itself (one under Section 59 and one under section 19).See question
I recently hired a contractor to do work for me, He told me that I would need to give him $10,000.00 upfront for materials. I gave him the cash and he told me the materials would be in shortly. After a couple of weeks of calls and him telling m...
When a contractor takes money on a job in New York and doesn't use that money towards the project not only is it a breach of contract but it is a violation of Article 3A of the Lien Law. Under Article 3A, contractors must use all funds they receive on a project to pay beneficiaries on that project (pay laborers, pay for materials etc.) before they can do anything else with the funds. When a contractor doesn't follow these requirement he/she has "diverted trust funds." Trust liability carry severe consequences including personal liability, inability to discharge the liability in bankrtupcy, potential attorneys' fee awards and potential punitive damages. It is also a crime that can be prosecuted by the District Attorney's Office.
Finally, if the work was "home improvement" work then the contractor was required to have a license issued by NYC Consumer Affairs. A complaint can be filed with consumer affairs.See question
contractor did a poor job installing a shower/bath . We asked for an itemized bill and Re-bath hired a lawyer to put a mechanics lien on our property. We wish to have the lien dismissed on its face.
There are various ways to challenge a mechanic's lien in New York. First, you can challenge the face of the lien. This is a special proceeding to say that the lien has some procedural defect. Most attorneys can do this for a fixed flat fee. Second, you can demand that the contractor foreclose when you believe the work was defective and/or the amount claimed in the lien is incorrect. Again, most attorneys can do this for a fixed flat fee.
While you say you want to dismiss the lien on its face, that may not be possible here. Saying that the work was defective or deficient does not give rise to a facial defect. Such challenges are typically brought in response to a foreclosure. If you follow the procedures of Lien Law Section 59, you can also have the lien discharged for failure to foreclose within 30 days (if the lienor fails).
If you served a proper demand for itemization and it was not properly responded to then you can commence an action to compel a response. If the order compelling a response is not complied with then you can have the lien discharged.
There is no "deadline" to challenge a lien. You can challenge it at any point that it exists. You do not want to wait until after you are sued on the lien to challenge it though.See question
I bough a sound meter and the banging exceeds 90 DB---What is limit to allowable noise? I am video taping everything.
Neighbors digging nextdoor like this can cause a multitude of problems in NYC. You have pointed out sound as one problem but additional common problems with adjacent property construction include physical property damage (for example where your foundation is undermined) and damage from falling debris (when the neighboring building goes higher that your home).
The NYC Building Code has a robust scheme of laws intended to protect you in situations like this where construciton is taking place nextdoor. With regards to sound, there IS a sound limit for construciton. You can call 311 to report violations or you can contact the Environmental Control Board of NYC directly. ECB violations typically arise when there are noise violations. For physical property damage you can contact 311 or call the NYC Department of Buildings.
Sometimes, when a neighbor is performing construction they will need to access your property for their construction or to protect your property during their construction. If this happens, you should never allow them on your property without a written license access agreement. The license access agreement is in the best interests of both parties as it spells out the rights and responsibilities of everyone during the construction.See question
I have small company register in NV but I'm doing business in WV. I hired unlimcensed contract to change the siding, new gutters, and retaining wall without a contract. The contract then got his helper guy and every Friday he games to us and repor...
You'll need to find help from a lcoal West Virgina construction lawyer. All jurisdictions are different but some will preclude a contractor from suing if the contractor was required to have a license for the work performed and did not have the required license. For example, many jurisdictions in New York (NYC, Long Island and Westchester for example) require home improvement contractors to be licensed. To sue, the contractor must be licensed at the time the work was performed and at the time that the lawsuit is brought. But, again, all jurisdictions are different so check with a local WV attorney and find out if a license is required to sue.See question
I am a contractor, and I put a mechanics lien on one on my clients homes for lack of payment how long do I have to wait before I can start foreclosure preceding
A mechanic's lien in New York can be foreclosed upon immediately. There is no minimum waiting period. Practically, a forelcosure complaint takes time to draft and often requires ordering a title report so it can take 10-14 days under non-emergency circumstances. But there is no "waiting period."See question
Contractor quit in the middle of doing a partial remodel and repairs to plumbing in a small bathroom. Contractor had already removed toilet and placed in my kitchen. Removal and replacement of the toilet is in the contract. I paid the contractor f...
When a contractor does not perform contractual obligations then the only way to "make" him or her do anything is to sue them. In certain instances you may also be able to file a complaint with the licensing authority if your jurisdiction requires home improvement contractors to have a license (as does Buffalo, Westchester, Nassau County, Suffolk County and NYC for example). If the contractor has a license and you file a complaint it may not "make" the contractor do his job, but it can provide a forum to work towards a resolution with a little leverage on your side.See question
If a mechanics lien is filed for a remaining contract amount plus change order, but it's thrown out due to the filing corporation not acting fast enough. Can they file a new lien for the same amount? Can they file for just the contract amount? Wha...
It depends on what you mean by the "filing corporation not acting fact enough." If the lien was not filed within the statutory time, the contractor is out of time to file a lien. For single family homes that is 4 months, for most other private projects that is 8 months. One limited exception would be retainage only liens which must be filed within 90 days of the time the retainage became due. If there was some type of defect in the actual recording (for example the lien was recorded too soon before service, or the affidavit of service was not recorded in a timely fashion) the lien could still be refiled if it is otherwise timely. So, again, it depends (sorry for the typical lawyer answer). In general, liens that are not discharged "on the merits" can be refiled provided they are still timely and the procedural defect or deficiency is fixed.See question
We hired a general contractor to do over our backyard had a new shed, gazebo, deck, kitchen unit and fence, hot tub done we also had a permit expediter working hand and hand with contractor. We were working with the town getting permits that we ...
From the facts you presented this is not a black and white answer. You should contact a local attorney to discuss more specifics of the claim. Sometimes its the owner's fault, sometimes the architect, sometimes the contractor. Only by reviewing your particular situation can you determine the best course of action. The Town of Huntington could also be wrong so consulting with an attorney will give you a chance to review all options.See question