Full question:
We started an addition on our house in May 2008, It was supposed to be completed in 3 months time. Our contractor just finished first week of December. He came to collect the final payment, we withheld $500.00 because we did not have the CO. We told him when we get the CO we would gladly give him the money. He finally got our CO and we were going to give him the 500.00 and he refused it saying that we owed him an additional 6500.00 for a cash discount he gave us for paying in cash. Also he now is claiming that he did 3500.00 in work that he did not charge us for and now wants that money too. He has threatened to put a lien on our house for this. We have paid all of our installments and have receipts to that effect. Any adders have also been paid and have the receipts to that effect. What recourse do we have?
- Category: Contractors
- Subcategory: Construction Liens
- Date:
- State: New York
Answer:
I can’t provide legal advice, but I can share some general information. In New York, if a contractor files a lien, you can request an itemized statement from them. This statement should detail the labor and materials they claim are owed, along with the contract terms. If the contractor does not provide this within five days, you can petition the court for compliance. If the lien is found to be intentionally exaggerated, it can be declared void, and the contractor may be liable for damages (N.Y. Lien Law § 39, § 39-a). Additionally, if the lien is filed and no legal action is taken to enforce it within one year, it will dissolve automatically. You should keep all your payment receipts as evidence. For further assistance, consider consulting with a legal professional. Users can search for state-specific legal templates at .
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.