New York Construction Legal Questions

The big questions are whether the plumber can determine if the problem existed well before the property was sold, whether the seller had to have known about it, and whether a property disclosure form was submitted at closing or you received the $500 credit in lieu of the form. It seems unlikely that the sellers could've known of a gas leak and hidden the problem, considering a gas leak can be a life and property threatening condition. Unless you can prove that the sellers knew of this condition and failed to disclose it, unfortunately you have no claim against them. If you can prove the seller knew and deliberately hid the condition, you may have a claim against them. ... Read More

You may have a lawsuit against your contractor but it depends on exactly when he did the work. This is a breach of contract action and the statute of limitations is 6 years. If it was a little less than 6 years, you have a case. If it was a little more, you might still have a case if you can prove that fraudulent concealment should toll the statute of limitations until the time you discovered the damage. It sounds like you can make a good argument for fraudulent concealment because of the fact pattern. Your homeowner's insurance definitely might cover it- talk to a claims representative, but off the record, and that will help you decide whether or not to make a claim.... Read More

That depends upon the language of the settlement agreement. Does it entitle you to enter a judgment? Was a confession of judgment signed together with the settlement agreement?  If the answer is "yes" to either of those, you enter the judgment and proceed with collection. If not, you start an action for breach of settlement agreement by making a motion for summary judgment for an account stated. After the motion is granted, enter the judgment, and collect it.  ... Read More

Thank you for your inquiry. Because I am unaware of the specific details of your case, I will respond to your question generally.  The NYS Civil Practice Law and Rules (CPLR 3122) provides that a lawsuit is commenced by serving a Summons and Complaint upon the defendant. The Complaint will contain paragraphs which clearly state the various causes of action that you are making against the defendant - this is true in a construction accident case, or any other type of case. Once the defendant has been served with the Complaint, the defendant has either 20 or 30 days (depending on whether the service was made personally or otherwise) to serve an Answer to the Complaint. If an Answer is not served then your attorneys may apply to the Court for a judgment in your favor - on default - also known as a default judgment. Because the default judgment only determines issues of liability, you will still have to prove that you are entitled to money damages in what is called an "inquest."   ... Read More

Thank you for contacting us and I am sorry to hear about the legal situation. Your best bet would be to contact an employment lawyer (we are a medical malpractice firm) to work up this issue. I would think that it would only be the owners of the company typically but perhaps if there was any gross criminal activity the law may be different - again I would consult with an employment attorney as soon as you can. Thanks and good luck, Dr. Guy Regev.... Read More

If the contract that you entered into with the contractor provided that drains were to be installed, and if they were not installed, you would have a breach of contract claim against that contractor.  If you paid the contractor the total contract price, you could recoup the cost of having the drains installed by a replacement contractor.  Furthermore, if you could prove that the paver work caused the water leak into your basement, you could also recover from the hired contractor the cost of remedying that situation.  You would need to hire an engineer (probably a Geotechnical engineer) to support your claim.  Unless the contract prohibits it, a contractor may bring in others (like subcontractors) to perform all or part of the contract work.  Therefore, your breach of contract claim would be against the contractor whom you hired, not the one who may have performed the work (i.e., the brother).  However, it is possible to assert a negligence claim against the brother who performed the work if he in fact caused the leak. This is not intended to be legal advice, and is general in its nature.  No attorney-client relationship exists or is formed by this information.  Furthermore, this does not represent the views or opinions of Lexis Nexis or its affiliated companies. Ronald Francis, Esq. www.constructionattorney.net  ... Read More