What to do if I hired a contractor who completed about 95% of the job for which I owe him money but we haven’t had any contact or close to a year?

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What to do if I hired a contractor who completed about 95% of the job for which I owe him money but we haven’t had any contact or close to a year?

I rebuilt my home after a fire. The contractor nearly completed the job. There was a minor dispute about some of the charges. He hasn’t contacted me in any way (mail, email, phone) in approximately 10 months. How long do I have to wait before I can assume he isn’t coming back for his money?

Asked on March 30, 2012 under Business Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The contractor would seek the money under a contract theory--that whether the contract was oral or written, there was an agreement to pay him for the work he did. In New York, the statute of limitations, or time to file and initiate a lawsuit, for breach of contract is six years; that means that the contractor has to six years to take legal action for his money.


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