My contractor is finishing up a home improvement project with permits. He is requesting payment, before the permits are closed.
A contractor can always ask for payment. Whether you should pay is another question. The first place to look for the answer is your contract. If your contract is silent on final payment, then its debatable. If the permits haven't been closed out, the work is not complete. Has there been a punch list and has it been completed to your satisfaction? In NYC, Consumer Affairs has very strict rules for what must be in a home improvement contract. It requires that the payment schedule be tied to the progress of the work. So there should be some payment due upon completion which has not yet occurred here. Unless your contract says otherwise, there is rarely a reason to make a final payment to a contractor prior to permit close out.See question
In New York State, I need Construction Law information. Do Contractors need to be licensed in NY? What types of insurance are they required to carry? Liability and Workers Compensation insurance? Do requirements vary by County? Westchester, D...
Contractors do need to be licensed in certain instances. However, in many instances they do not need to be licensed. For example, a contractor providing "home improvement" services in New York City, Westchester, Nassau or Suffolk County does need a "home improvement license." Other jurisdictions may not require a license for identical work.
Licensed contractors are required to carry certain types of insurance. This typically includes worker's compensation insurance and general liability insurance. If you are looking for a specific answer on a specific situation I strongly suggest you consult a New York construction attorney as the nuances of some of the licensing requirements require specific inquiry.See question
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??
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.See question
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. ...
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.See question
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?
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!See question
Is the roofer responsibility to insured proper ventilation in the attic. ?? When replacing the roof.
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?See question
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. ...
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.See question
An unlicensed contractor filed a lien against my home, he never finished the job, and claims I owe him money.
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.See question
CO list construction class llb, masonry walls separating units....We just found out the developers installed 2x6 drywall assembly
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).See question
I waswondering if I could put a lien on a residential house
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.See question