Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
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When parties enter into a contract (whether written or oral) the work must be performed in a satisfactory manner. If the performing party fails to do so, they can be liable for the cost of repairing the work-including materials (as additional materials would not be required had the work been performed competently). The measure of damages is the cost of repair, as these are considered economic damages. The court will not allow for additional damages (emotional stress, time off work to deal with the issue etc). If payment is made up front, there is no guarantee that the work will be rectified. In NY, a contractor is not required, on a state level, to have a license; however, local areas regulate their contractors. If the perfoming party fails to rectify the situation, an estimate can be obtained by a third party professional, and this can be used to determine damages should a lawsuit prove necessary. One moment please.
Small claims court is appropriate for claims under $5,000. please see: https://www.nycourts.gov/courts/10jd/suffolk/dist/smallclaimsbook.shtml#WHO_CAN_USE_SMALL_CLAIMS
Free mediation is offered here: http://www.ag.ny.gov/consumer-frauds/Filing-a-Consumer-Complaint
Sample complaint letter that can be revised for use in NY: http://consumer.georgia.gov/consumer-services/sample-complaint-letter-to-send-to-a-business
Did you have any questions on the above?
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