• Paulose & Associates PLLC

Our February 2020 Q&A

Can I sue a contractor for wrongfully installing a roof? I have leaks.

Greetings. It appears that you believe the leaks are a result of the contractor's poor work (rather than some other reason, such as termite or other cause unrelated to the contractor's work). Further, you are experiencing significant damages, such as water damage to inside of the house. If so, you need a lawyer to sue the contractor for breach of its agreement to provide you with what you bargained for -- a roof that does not leak. The cost of such a lawsuit will be in the thousands of dollars. If the cost is less than the cost of a repair with a new contractor, then a lawsuit with an attorney at your side is warranted. For more information, please contact a good New York attorney near you. Please do not delay; otherwise you may miss potential claims or defenses. Good luck.

Can an solar company be held accountable for damages to my roof.

Greetings. It appears you believe your roof was damaged by the solar company and would like to know if you can seek damages from them. As an initial matter, you should make sure you have notified your home insurance company and see if there is coverage. If not, then you should review your contract with the solar company and see if the contract enumerates any rights and responsibilities. Most likely it does. Note however, whether it does or does not, if the damages are significant, you would need a lawyer to properly pursue a damage claim. Contact a good New York lawyer today so as not to miss any important deadlines. Good luck.

I am an architect, unpaid by a tenant in a large NYC midtown building. Is a lien feasible?

Greetings. One may file a lien against a property owner, although work was done for a tenant, so long as the property owner has consented to the work in some way. Mere acquiescence will be insufficient. What is needed is some affirmative act. Often, we will point to the lease -- which usually has provisions that state that the landlord will allow a build-out -- as proof of consent. And the courts have agreed. You need a lawyer. Please contact a good New York lawyer today. The lawyer will determine whether a lien should be filed, or whether you should avoid the administrative paperwork that comes with the filing of a lien and just simply sue for nonpayment. Good luck.

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