What case law overrides contractor's contracts

D

donerightonce

New Member
Jurisdiction
New York
What law or case law overrides any licensed contractor's agreement or contract that overrides responsibility when the issuing agency changes the guidelines or rules?
 
Just as on the other forum that you posted this to, you're going to need to explain the situation.
 
Zigner said:
Just as on the other forum that you posted this to, you're going to need to explain the situation.
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We are a licensed plumbing company that deals with the NYC Dept of Buildings. The NYC DOB changes the rules and guidelines often and in doing so ends up changes our responsibility to our clients. Is there a case law that gives the NYC DOB the right to change the guidelines and in doing so changes our responsibility to our customers.
 
donerightonce said:
We are a licensed plumbing company that deals with the NYC Dept of Buildings. The NYC DOB changes the rules and guidelines often and in doing so ends up changes our responsibility to our clients. Is there a case law that gives the NYC DOB the right to change the guidelines and in doing so changes our responsibility to our customers.
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I'm sure there is, as well as statutory law. Your additional description is still lacking. Are you worried about having additional responsibilities that weren't originally contemplated?
 
donerightonce said:
What law or case law overrides any licensed contractor's agreement or contract that overrides responsibility when the issuing agency changes the guidelines or rules?
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Poster say what????
 
donerightonce said:
We are a licensed plumbing company that deals with the NYC Dept of Buildings. The NYC DOB changes the rules and guidelines often and in doing so ends up changes our responsibility to our clients. Is there a case law that gives the NYC DOB the right to change the guidelines and in doing so changes our responsibility to our customers.
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If you have a contract that says you will do A and be paid X for it and the city decides to change one of the variables they are in violation of the contract and you can walk away from it.

There is no law that says a government entity just get to change an agreement and if there is it wouldn't stand up in court.
 
PayrollHRGuy said:
If you have a contract that says you will do A and be paid X for it and the city decides to change one of the variables they are in violation of the contract and you can walk away from it.
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I don't think that the city is the client. Reread what the OP wrote:

donerightonce said:
The NYC DOB changes the rules and guidelines often and in doing so ends up changes our responsibility to our clients.
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(Italics added.) Note that the OP refers to the DOB changing rules or guidelines that affect the responsibility to the OP's clients, which as written indicates the clients are persons other than the DOB. Based on what was said, I think the probability is that the OP's problem is one in which the OP contracts with, say, a homeowner or business to do a plumbing job to certain specifications that meet the current city building code standards. While in the middle of the job, the city then changes the standards to be more stringent. Now the client needs the work to conform to that new standard. The question then becomes what impact does that change have on the contract between the OP and the client? That in turn depends very much on what the contract itself says about such changes, if anything. The OP would be well advised to see a contract attorney to have his/her standard contracts include language that deals with that possibility, especially if this happens often. The contract could include a provision, for example, that should code changes require additional work or materials by the OP that the customer agrees to pay the additional cost of that.
 
Tax Counsel said:
The contract could include a provision, for example, that should code changes require additional work or materials by the OP that the customer agrees to pay the additional cost of that.
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Yes, THAT! Well said :)
 
donerightonce said:
What law or case law overrides any licensed contractor's agreement or contract that overrides responsibility when the issuing agency changes the guidelines or rules?
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What is the statute or case law that relieves a contractor from any executed contract when the license issuing agency causes a delay or hold-up?
 
donerightonce said:
What is the statute or case law that relieves a contractor from any executed contract when the license issuing agency causes a delay or hold-up?
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There isn't necessarily one, but there might be. You've been asked repeatedly to give some context to your question. It's very difficult to answer your questions without it.
 
donerightonce said:
What is the statute or case law that relieves a contractor from any executed contract when the license issuing agency causes a delay or hold-up?
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In most cases a delay or hold up by the regulatory agency in approving construction plans or work on the project does not relieve the contractor from its duties under the contract. There won't be any case law that allows a contractor an out in that circumstance, at least absent some truly extraordinary circumstance. It is well known in the construction industry that such delays can occur, and the smart contractors draft their contracts to take those kinds of things into account. If your contract is not well drafted you could be stuck with whatever additional costs you incur as a result of the delay or changes that are ordered by the agency in the plans or the work. It's up to you to protect yourself. If you are going to be in this business then do the smart thing and consult a contract attorney who is experienced in the construction industry to help you draft a good standard contract to use that will cover this sort of problem.
 
He's posted this on at least four forums that I've seen and he hasn't been able to explain himself satisfactorily on any of them.
 

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