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  1. #1
    Join Date
    Dec 2009
    Posts
    6

    Angry Contractor's Failure to Perform

    Despite numerous attempts to make contact the issue still remains unresolved, is there and action that I can pursue with regards to CONTRACTOR and SUB-CONTRACTOR failure to perform contractual plumbing installation/repairs in residence as stated, recorded and agreed in Renovation Project Specification of Repair and signed Sub-Contractor proposal (in 1999).

    The issue is that that New York City Department of Environmental Protection has recently (2009) issued fines for failure to have a water meter.

    The plumbing work scope stated that the plumbing sub-contractor was to “Install new water service and meter from street to building”

    The Certificate of Occupancy was issued in July 2002.

    The renovation project was financed by a third party and to date payments are made monthly as agreed an ordered by judgment.

    Can I cease active payment and have them escrowed until such time the issue is resolved. Any additional advice is greatly appreciated.

  2. #2
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Contractor Failure to Perform

    Quote Quoting DESPERATE1
    View Post
    Despite numerous attempts to make contact the issue still remains unresolved, is there and action that I can pursue with regards to CONTRACTOR and SUB-CONTRACTOR failure to perform contractual plumbing installation/repairs in residence as stated, recorded and agreed in Renovation Project Specification of Repair and signed Sub-Contractor proposal (in 1999).

    The issue is that that New York City Department of Environmental Protection has recently (2009) issued fines for failure to have a water meter.

    The plumbing work scope stated that the plumbing sub-contractor was to “Install new water service and meter from street to building”

    The Certificate of Occupancy was issued in July 2002.

    The renovation project was financed by a third party and to date payments are made monthly as agreed an ordered by judgment.

    Can I cease active payment and have them escrowed until such time the issue is resolved. Any additional advice is greatly appreciated.
    The first issue I see is that the judgment against you is by a third party, and if this is a bank, or someone not legally related at all to the contractor, then you cannot withhold payment. It is like a bank financing your car, and your dealer failed to make repairs, you cannot withhold payment, even paying into escrow because the bank has nothing to do with your dealer's inability to repair.

    I don't have too much detail on all the particulars from your post, but this is what it appears at first blush.

    I'm a NYC landlord, and back around 2002, 2003, NYC installed water meters in all existing buildings, at NYC expense as I recall. And they did mention there was a cutoff date after which buildings not converted are FINED, and I am surprised that in the year 2010, you're still receiving water service presumably charged a low "frontage rate".

    As you appear to be going nowhere with the contractor, assuming they are still in business, you should go ahead, install it at your own expense, then make them pay for the installation by re-imbursing you. If they don't pay, then sue them.

    NYC can rightfully insist that you have the meter installed as this is a major part of it's effort to conserve water, since you can use unlimited amounts of water, even selling it to your neighbors at a profit without a meter. Comparitively speaking, installing the meter is not a HUGE expense. you should get some quotes if you haven't already, and real estate prices in NYC has more than doubled since 2002, even with the current housing prices, so there is NO EXCUSE for standing around saying you're broke, insisting that someone who did nothing since 2002 to suddenly come back and do it.

    Then again, there might be more to this story.

  3. #3
    Join Date
    Dec 2009
    Posts
    6

    Default Re: Contractor Failure to Perform

    The Third party (Uncle - deceased as of 2010) is/was related to the contractor (Nephew). I received and have paid estimated bills up to the present time.

    Whould you happen to know how I can go about establishing an escrow account for outstanding payments until such time the issue is resolved?

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