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I had a contract with a contractor who subcontracted a

I had a contract...

I had a contract with a contractor who subcontracted a plumber. I fired the contractor because he wasn't in compliance with the contract. I hired my coop's plumber to connect my stove because the manufacturer said it exceeded the timeline to come

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

To provide a service call. Now the original subcontractor plumber informed me that he was never paid by the contractor. I provided him with all the information needed to sue the contractor. Now the subcontract outed plumber is threatening to report me for not getting a permit and working under his permit when The building plumber attaches

Lawyer's Assistant: Has anything been filed or reported?

Attached the stove. He said he wants $6000...the money the contractor owes him. This is all happening in NYC.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I get the feeling he didn't have a contract with the contracted so he is desperate to get money.

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Answered in 16 minutes by:
8/22/2017
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 42,596
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by JustAnswer and you are under no obligation to accept.

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Did you pay the general contractor the money that was owed to the sub plumber?

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How long ago did the sub plumber last work on the property?

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What is your legal question I can help with tonight?

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thanks

Barrister

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Customer reply replied 11 months ago
Hi BarristerYes, I paid the contractor. I provided proof to the subcontracted plumber via bank records of cashed checks. The contractor was fired in December.My legal question is was it against NYC permit code in having the building plumber connect my stove? If I fire the contractor what is my responsibility to the subcontractor...I only had a contract with the contractor NOT the subcontractor? Who's responsibility is it to close a permit if the contractor gets fired?

My legal question is was it against NYC permit code in having the building plumber connect my stove?

.

If this was done by a licensed plumber, then if you were replacing an existing stove, that is not something that would require a permit according to NYC Dept of Buildings ""Simple repairs or replacing existing faucets, toilets and sinks are considered cosmetic; someone without a license may do this without a permit."" I would opine this would extend to replacing a stove as well.

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If I fire the contractor what is my responsibility to the subcontractor...I only had a contract with the contractor NOT the subcontractor?

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Under NY lien laws, the sub can file a lien on the property within 4 months of last furnishing labor or materials if this is a single family dwelling. So you don't have to pay the sub, as the general is liable to them, but the sub could lien the property within 4 months and then put the burden on you to pay them and then go sue the contractor for your money back.

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Who's responsibility is it to close a permit if the contractor gets fired?

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The homeowner has to contact the issuing department and notify them that the work needs to be inspected and the permit closed. This will often require hiring another licensed person to complete the work so it will pass inspection and the issuing agency will close the permit.

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thanks

Barrister

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Customer reply replied 11 months ago
It's a coop apartment does the 4 months requirement apply.

Yes, as long as it is a dwelling, and only a single "family" lives there..

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Customer reply replied 11 months ago
Thank you. If I have additional questions will I be able to get you again?

You are very welcome. Happy to help any time.

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work. Bonuses are optional, but are highly appreciated.

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.

Thanks much

Barrister

Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 42,596
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified
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Barrister
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Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

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