Legal Options

what does your contract say? standard for would say these type of disputes go to arbitration.

The contract says they will make good any problems and the work is guaranteed for two years (or words t that effect). I guess the gray area lies in defining what is and is not a problem and the extent to which customer satisfaction factors into this. Right now they are plodding on have not refused to fix up anything but there have n=been many mistakes and some less than acceptable results.

Are they licensed with the Department of Consumer Affairs?

If yes, file a compliant with the DCA. The will contact the contractor and try to do a mediation. If that doesn't work there are other steps that you can go through with DCA, that will eventually lead to a court hearing. They are currently helping me with my situation, which has become a real nightmare. No resolution as of yet as, unfortunately for me, as I must now go through further steps. The plus is...the is no cost to pursue the matter with DCA. Even if it goes to court.

Could this be the same contractor? Is he based in Nassau/Queens?

How do I find out if they are licensed? We have DOB permit for the work. It is a she and she's based in the city and in NJ.

@KAS61

You can check for their license status here https://a858-elpaca.nyc.gov/CitizenAccess/

Ideally, one would do this before hiring.

Go to NYC.GOV/CONSUMERS. Click CONSUMERS. Click CHECK LICENSE. The name must be EXACTLY as it appears in the DCA database.

In my case the letterhead had a "period" and the database did not and it would not show up. Also, the license could be in the company's name, individuals name, etc. Is she a home improvement "contractor" or "salesperson". All these variables need to be exact or the license won't show. In my case I was sure the contractor had a license so I kept trying , and finally got the number, which is needed before the DCA will proceed. Also, check your contract, papers, it should be listed. (Which I realized after the fact.) It might say DCA#, HIC#.

This site will also give you the information as to the process and what you need to do, etc.

apt55 Thanks! I think she has a license. I will search for the number.

It's probably not worth litigating but you can call Marty Kera at (212) 681-1600. He has experience with construction litigation.

I believe that the DOB will not issue a permit if there is no license. So, she probably has one. Check the name on the permit.

Update. I am still very much in need of advice as to how proceed. The contractor is out of my apartment as of six weeks or so ago. Much of the work they did was shoddy and sub-standard, but I have decided to let this go rather than let them in again to" fix "anything up. There was one major feature of the kitchen design that they failed to deliver on, namely under cabinet lighting. The wiring for this is in the electrical plan but was never installed and neither were the custom cabinets designed with integrated lighting. We asked about this numerous times throughout the project and they said it would be taken care of. In the end, the solution they came up with was to add LED tape lights and to conceal these with a 1 inch trim. We rejected this idea. I have asked for a 10% discount on the cost of the custom cabinetry and the labor for the project which is about $4000. In addition, the cost of the raw materials came in at double what I was quoted $8000 v. $4000. Thee contractor has provided adequate receipts of about $2500 worth of raw materials and so I have disputed these charges with them. I have emailed them several times in the hopes of coming to an agreed solution, but they have not responded to any of the issues and questions I have raised other than to say that they are willing to come in and make repairs. Also, that they reject the amount we say we are willing to pay. The last time I heard from them was more than two weeks ago and they have not responded to my last two emails. I am wondering what my next step should be. Why would I sue? I owe them money! On the other hand, I would like to get all of this sorted out as soon as possible and move on. I am nervous about and concerned that they may put a mechanics lien on my apartment. Can they do this without first notifying me? There is also the matter of signing off on the construction, electrical and plumbing permits, all of which expire in July. I have checked the DOB website and, according the notes, the plumbing permit requires some amendment to the drawings. How can I get them to take care of this while the dispute over the money is going on? Does it matter? I called 311 and they told me to file a complaint with the DCA. The contractor is licensed with the City. Should do this or seek legal advice our sure through the small claims court? What a nightmare! They were horrible at every step of the process. Any advice or thoughts would be most welcome. Thanks!

or sue them though the small claims court... (sorry for typos)!