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client failed to finish paying on the contract, and effectively, disappeared.

New YorkLawsuit

My NYS lien is faulty. Thus, we don't want to file a foreclosure action and want to go right to SC to file a contract claim. Can I file a Prompt Payment Claim in the same pleading? K price was 123K, plus 20K in C.O.s. I have lots of additions that were done gratis at the time, in reliance that the K would be honored. They are worth way over 7K that would make up the 150. Thank you.

1 reply

Apr 7, 2021

Greetings. It appears you would like to file a breach of contract claim against a contracting party. In New York, a contractor has 6 years to file suit for a breach (absent language in the contract stating otherwise) and can seek any amounts owed for work done. An attorney will ask for the contract, schedules, punch lists, payments, any photos, and other information that will enable the attorney to file the complaint and possibly seek summary judgment on an expedited basis. Note, work performed and agreed to be courtesy (free) will not likely be compensable. Please contact a good New York attorney today so as not to miss any claims or defenses.  

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