QUESTION
Can I file a claim at smalls claim court for a breach in contract for work that wasn’t completed on my house?
Asked on Mar 03rd, 2021 on Breach of Contract - New York
More details to this question:
I hired a contractor to fix and replace veneer stones on my house. We agreed to replace the stones with new stones. He took down a whole portion of a side of the house and then said he couldn’t find the stones and would take 8-10 weeks to get the stones. It’s been more than 10 weeks and he is still saying the stones haven’t arrived. I ask for proof of the order and he said he doesn’t have it.
1 ANSWER
Greetings. It appears you are unhappy with the length of time it is taking a contractor to obtain materials. In New York, the relationship between a homeowner and a contractor is governed by a written contract. In the absence of a written contract, the relationship will be governed by the parties expressions. A homeowner who desires to put a time limit on the progress of work must clearly express such intentions. In the absence of such clear expression, the contractor will have a reasonable time to perform. A reasonable time is measured by a number of factors, one among them the length of time it takes to obtain material. If the material is unavailable through no fault (no unreasonable actions) of the contractor, a premature termination will result in the contractor capable of suing the homeowner for lost profits. The homeowner should contact an attorney to see what options the homeowner has, such as to request replacement material from the contractor, or obtain the material themselves. Please contact a good New York attorney today.
Answered on Mar 05th, 2021 at 12:47 PM
This answer is general in nature and should not be relied upon. Please schedule an appointment with an attorney to get a more complete and reliable answer.