Page 5 - NY Cooperator December 2019

COOPERATOR.COM
THE COOPERATOR —
DECEMBER 2019
5
F A S T
AT YOUR
PROPERTY
www.veritasmanagement.com
1995 Broadway, NY, NY 10023
Tel: 212.799.2365
At Veritas, we’re always just a hop, skip or subway ride
away, making responsive service a priority. In a digital
age, we’re on top of technology. But we also handle
things the old-fashioned way; we’re at your property in
person, when you need us.
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QUESTIONS & ANSWERS
Legal
Q
A& How to Fire a General Contractor
Q
We want to terminate a contract
with a general contractor (GC).
We have experienced payment
issues with this GC since day one of a proj-
ect. Every single pay application we send in,
they manipulate it without discussing with
us, submit the lower number to the owner
on our behalf, and then come back and say,
'Here is what you are getting paid.' As a lark,
the GC’s project accountant moved a com-
ma over and we got paid $4,200 instead of
the $42,000 billed. He never mentioned it,
and we never knew about the manipulation
of our pay app until the lien release came
at the lower number. What makes matters
worse is that it’s a prevailing wage job and
they disregard our certifi ed payrolls. Th ese
games go on every billing and we are done
dealing with them—we want OUT. Any
ideas on how to terminate a contract with a
GC are appreciated.
—Stiff ed by the GC
A
According to Andrew Freed-
land, an attorney with the the non-breaching party must provide the
New York fi rm Anderson breaching party with written notice and and asking about the refund of the deposit
Kill, P.C., “Most cooperatives and condo-
miniums that engage general contractors to amount of time for curing the breach will they took 50%, claiming repairs and other
perform construction projects will rely on depend on the terms of your agreement. unexplained fees, such as $4,000 for a new
a form contract prepared by the American If the breaching party does not cure their fl oor. (Th ey said the coating she used could
Institute of Architects (AIA). Such contracts default within the time prescribed in the not be taken off , so the complete fl oor was
should not be signed without having an at-
torney review them fi rst. Normally, counsel be deemed cancelled at that point. I strong-
for the co-op or condominium will prepare ly suggest that the writer consult counsel to repair fees can be charged, and how much?
a rider and make other various comments review their specifi c agreement and write If these repairs are legitimate, there should
to the standard form agreement to protect an appropriate letter to protect the rights of be a table with each cost, so everyone mov-
the cooperative or condominium.
“I have not reviewed your particular
agreement; however, if one of the parties to
an agreement is not performing as speci-
fi ed in the agreement, it can be terminated
by the non-breaching party. Specifi cally, if
a contractor is not properly paying its sub-
contractors for labor or materials, an owner
can terminate the agreement. Additionally,
an owner can terminate for other breaches
of the agreement, including, but not limited
to, failing to comply with applicable laws
or otherwise failing to comply with mate-
rial provisions of the agreement. Usually, things, and said things were pretty good.
an opportunity to cure their breach—the due to her, I fi nally received the check...and
agreement, the agreement most likely will damaged. Th at is false, and I can prove it.)
the writer.”
Unexplained Repair Fees
Q
My sister lived in Co-Op City
in the Bronx. She passed away
in July 2017, and I became vol-
untary executor of her estate. She kept this
apartment spotless, and did not make any
changes, except adding a light shine-coat
to the living room fl oor. When the inspec-
tor went to check apartment and we did the
walk-through, he pointed out a few minor
Aft er months of waiting and following up
Is there a department that regulates what
ing in knows what it will cost to move out —
simple information. At this point, it seems
someone simply decided to make some
money off the people moving out; that is
not right, and seems like simple abuse.
—Getting a Raw Deal
A
Says attorney John Desid-
erio of Desiderio, Kaufman
& Metz, a law fi rm in New
York City: “Th e writer could submit a com-
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