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Can Contractor keep harassment up 4 years latter

New YorkConstruction ContractDefectsLawsuitLien Foreclosure

The contractor used sand to fill 8-foot slope to build a pole barn garage upon. Contract called for gravel, compaction prior to building erection . Original contract for $21k, I gave $8K prior .Contractor dumped sand built on it and was gone in 2 days, then demanded balance. Sand washed out I withheld monies owed to repair, I had all sand around build removed as best could be and dirt and gravel brought in properly compacted and errosion blanketed and seeded. The contractor filed lein which fell off after 1 yr , now 4 yrs later the contractor is insisting on inspecting property and demanding money and having his lawyer demand 21K. I still need the floor jackhammered up and replaced. My questions: Does the contractor have a right to keep coming on property 4 years later and harrassing me. I live in Oneida County NY and contractors do not need to be licensed.Have I done the right thing ,to withhold and use that money to fix his wrongs? Thank you

4 replies

Oct 11, 2021
you should retain a construction attorney if possible, there are some good people there like former NYSBA president, Mike Gentry. From your description of the situation, this contractor sounds like someone in financial trouble who has sold receivables so you should resist all of this nonsense. the contractor breached the contract long ago. good luck
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Oct 16, 2021
I live in Oneida County NY, I researched Mike Gentry, he is in Texas. Could you recommend any on in my area..Or since I agree with you I firmly believe he has breached the contract, he and his lawyer do not believe the contract was breached. So can I have any lawyer in my area handle this? Also, my question was the Contractor and his Lawyer believes they can come, 4 years later and do their own inspection of said property, they also said I need to give them access to the building and remove any items I have in it??! His Lawyer says they can do this for 10 years! Is that true, I thought that if he wanted to inspect he should have come before I fixed the issues not afterwards
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Oct 18, 2021
i am sorry, Mike Genick!
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Aug 23, 2022

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