NY Home Improvement Contractor Dispute Attorney
Law Offices of Michael W. Goldstein is a New York Home Improvement Contract Dispute Attorney, and Department of Consumer Affairs Complaint Lawyer representing contractora as well as homeowners in Department of Consumer Affairs complaints, mediation and arbitration proceedings.
Department of Consumer Affairs Home Improvement Complaints Against Contractor
Often, a dispute between a contractor and a homeowner regarding a home improvement or home renovation project results in a complaint filed in the Department of Consumer Affairs (DCA). The complaint is filed with the Department of Consumer Affairs in the city or county where the property is located. For example, a home renovation project that results in a dispute regarding the completeness or quality of the work performed may result in a complaint being filed against the contractor with the NYC Department of Consumer Affairs (NYC DCA).
Usually the homeowner’s complaint to the Department of Consumer Affairs claims that:
•the contractor breached the contract; or
•the work was of inferior quality; or
•the contractor did not compete the work and “walked off the job.”
Once the complaint is made to the Department of Consumer Affairs, the DCA may have the ability to not only look into the issues raised by the homeowner, but also to determine whether the contractor violated the Department of Consumer Affairs’s rules and regulations. Such violations could include the contractor’s failure to include provisions in the home improvement contract that are required by the DCA, such as:
•required deposit of payments into an escrow account until expended for materials for the job, or earned for labor provided
•the contractor’s failure to include the required notice to the homeowner regarding the legal right to cancel the contract within three business days from the date that the contract was signed.
Department of Consumer Affairs Complaint Lawyer for Contractors
We Defend Contractors Against Homeowner Complaints at the Department of Consumer Affairs
Our NY Department of Consumer Affairs Complaint Lawyer represents contractors in the defense of claims that have been brought against them at the Department of Consumer Affairs. If you are a contractor facing a Department of Consumer Affairs complaint, we will draft or assist you in drafting a written response to the complaint. In addition we will represent you at the Department of Consumer Affairs hearing.
Our goals in representing the contractor at a DCA hearing include:
•avoiding fines for any alleged violations of the Department of Consumer Affairs rules and regulations, and
•attempting to resolve the entire dispute between the homeowner and the contractor in the course of the DCA’s mediation or arbitration.
Even if the Department of Consumer Affairs makes a final determination that the contractor violated no rules or regulations, and that there is no merit to the homeowner’s complaint, and dismisses the homeowner’s complaint, that does not necessarilly result in a resolution of the amount owed to the contractor. We will usually attempt to negotiate a settlement of the outstanding amount owed to the contractor.
If however the homeowner is unwilling to negotiate an acceptable settlement, we might need to pursue litigation in order to get a judgment against the homeowner. If a mechanic’s lien was timely filed, that litigation may include a lawsuit to foreclose on the mechanic’s lien.
Department of Consumer Affairs Complaint Lawyer for Homeowners
We Represent Homeowners Filing Complaints against Contractors at the Department of Consumer Affairs
Our Department of Consumer Affairs Complaint Lawyer represents homeowners who have filed a complaint, or want assistance filing a complaint with the Department of Consumer Affairs against a contractor for not completing the scope of work in the contract, or for inferior materials or poor workmanship. In the course of our representation of the homeowner, we can assist the client in preparing the papers to be filed with the Department of Consumer Affairs, if they have not already filed a complaint on their own.
In addition, we will represent the homeowner at the hearing with the Department of Consumer Affairs, in order to present evidence supporting the homeowners claims, so that we can obtain an appropriate resolution of the homeowner dispute, either by mediation or arbitration.
If the dispute between the homeowner and the contractor is not resolved in the Department of Consumer Affairs mediation or arbitration, litigation might be necessary, including:
•bringing a lawsuit against the contractor for breach of contract, negligence, etc.;or
•defending the homeowner against the contractor’s lawsuit to foreclose on a mechanic’s lien.
Department of Consumer Affairs Complaint Lawyer Representing Homeowners and Contractors
Our experience representing homeowners as well as contractors gives our clients a distinct advantage. Regardless of which party we are representing, we draw upon our experience on both sides of home improvement contract disputes.
Whether you are a homeowner or a contractor, you can rely on our decades of experience in the following areas of New York law:
•Department of Consumer Affairs mediation and arbitration
•mechanic’s lien litigation
•real estate litigation
•commercial litigation
Legal Fees for Representing Contractors or Homeowners
We charge our clients a reasonable hourly fee for our legal representation in home improvement contractor disputes, including Department of Consumer Affairs complaints, mediation and arbitration, as well as mechanic’s lien litigation. Although our NY Department of Consumer Affairs Complaint Lawyer provides extremely conscientious and personalized legal services for our clients, we believe that our hourly legal fees are average, or possibly below average, for NYC lawyers. We are not able to represent either homeowners or contractors on a contingency fee. We invite you to contact us to discuss your home improvement contractor dispute, as well as our hourly legal fees.
Contact Us to Discuss Your Department of Consumer Affairs Contractor Dispute
Contact us to learn how our experienced home improvement attorney can help resolve your home improvement contractor dispute, or Department of Consumer Affairs complaint, DCA mediation, or DCA arbitration.