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
Hello I did a job in staten island NY,finished and passed inspection ,now im owed 9000 over 2 months now .I would like to know should i send a lawyer letter or just lien the bank funded project.
For residential single family construction in New York you have 4 months to file a lien. For other private projects you typically have 8 months. Liens are a good way to secure your ability to get paid but do not guarantee payment. Liens give you a security interest in the property but short of a settlement you must still litigate to enforce the lien to turn it into actual money paid to you. Typically, a lien in New York can be filed for only a few hundred dollars.See question
I have a contractor about to start work on my apartment but he notified me today that our kitchen cabinets are going to cost us an extra $4,500 because he underestimated the cost. He was given the links to all materials from home Depot where he wa...
Your contract is the first place to look for material price changes. Some contracts allow the contractor to adjust the price based on market fluctuation. Most contracts, however, do not allow such adjustment. Even if the contract allows for material price adjustments for market fluctuation, this does not sound like market fluctuation. It sounds like the contractor flat out made a mistake in his estimate. That is the contractor's problem and you should hold the contractor to the written price and scope.See question
The contractor placed a sign for his company in my yard. My 18 year old daughter after his absence of two plus weeks of working on the project threw the sign in a recycle bin. It was in the recycle bin for over a week before the recycling compan...
The signs that contractors use for this are typically cheap. Even if you are arguably responsible for the cost of the destroyed sign, isn't the more important question why is the work still not done? If the work is behind schedule push the contractor for completion and then you can resolve the issue of the sign upon final payment. If it was a valuable sign and you want to dispute responsibility, unless your contractor says otherwise, you have a good argument for not being responsible. Your adult daughter, unless acting with your consent or under your direction, cannot bind you to her conduct.See question