Hey all:

I called in a restoration and construction company (Basonas Construction) to do some minor masonry work. We had cut thru the side of the house to install venting for the new boiler, and to install a sump pump, and the holes were not neatly done, so I wanted them bricked up and sealed appropriately, and also there was a piece of bulging stucco I wanted fixed.

I’ve worked with Basonas before on some major seven figure projects, and I like them. And the owner likes me, so when I need something like this done, I call him.

When I bought the house early on, he did a parapet wall, sealed up one exterior door, and opened up and installed another, and for that I had paid him $7500.

This was a small job, a few manhours, a few bricks, a little stucco and cement, so the owner told me he’d just do me a favor. That doesn’t mean I won’t throw him a couple of exceptional bottles of wine, or some cash, or whatever, but normally he does large projects, not homeowner projects like this.

So here’s the scene. I’m sitting on my stoop. My wife is gardening in the tree pit. Basonas’ very well marked truck is in the driveway, and the worker is visible in the driveway doing work (Semi-detached house, the driveway goes all the way along the side of the house). .

A guy comes strolling down the block, says he’s a homeowner up the block, and asks me do I mind if he goes to the worker and gets a card, since he needs some work done. I replied that he was welcome to do so, but I wouldn’t count on the worker having a card, and that maybe he should just take the info off the truck.

Then I mentioned that Basonas was good, but not that cheap, he usually doesn’t do these kinds of projects, he’s doing me a favor, yada yada. Trying to help out a neighbor.

Then I go inside. A few minutes later my wife yells at me to come down, and there’s the alleged homeowner along with another large Hispanic gentleman, and they pull out badges and say they’re from the NYC Dept of Consumer Affairs. (Later I found out that they came into the back and started harassing the Hispanic worker, when my wife heard what was going on, she ordered them off the property and told the worker to keep working, all in Spanish, then she called me).

The big guy, who is barely civil, is telling me that Basonas appears not to have a homeowner contractor’s license. I explained that he doesn’t normally do small homeowner jobs and that in the past when I worked with him he had everything he needed in the way of insurance and workers comp etc. I was told he needed a license to work on 3 family and under houses. I reiterated that he was doing me a favor for free and that this was a friend of mine. I also was able to get Basonas’ owner on the phone and put him on with the inspectors. The original guy says that all they’re trying to do is protect the consumer, and if I’m not paying for the work, and I’m satisfied with the work, he’s OK with that.

The big guy says they have photos of the truck and that if they catch him around again doing so-called ‘favors’ for homeowners he’ll be up the creek. But in the end the work wasn’t stopped, no summons was issued, and nothing more happened.

I’m wondering if I should complain about the inspector who used false pretenses to gain access to my property. I’m also wondering if someone called them on me, like my good neighbors. I tend to think not, as a call like that would simply go to the DOB, and I have recent permits. Would a neighbor be sophisticated enuf to write down a contractor name, look up to see if they had a license, and call the right dept at 311? I’m thinking they were just driving around. Watch out!


DOB

Comments

  1. while its true dob doesnt even lic contractors and the dca is really just after tas/fees and political points. since 2005 the license is required unless youre an electrician plumber architect engineer or homeowner doing your own work.i suppose in theory its for public protection but in reality anyone can get one and it only drives costs up i see on this website contractors and architects routinely quoting $300 a sq ft to renovate a brownstone,well ive got home improvement licences in ny and suffolk co and plumbing lic and have built all sorts of projects and will tell you that the cost of materials and the labor to demo and install it is about $40 a sq ft so what these so called consumer protections really are are a license to mint money and tax the mint i know many of you can well afford $300 ft and my expertize is worth at least as much as your mba but some of you should be aware there are options for regular folk at least i would design and gc my own job it takes work but is doable
    so this doctor asks the plumber “what do I owe you?’the plumber says $460 ought to do it.”. “What!!” says the doctor “That works out to over $600 an hour,I’m a Doctor and I don’t make that kind of money!” “I know what you mean…” says the plumber “When i was a lawyer,I didn’t make that much either.”

  2. My neighbor’s contractor just got busted for a small unpermitted sidewalk repair. The contractor was fined $800 AND if he didn’t present his valid HIC license right there and then they were going to ARREST HIM and COMPOUND HIS TRUCK.

    There are several trades that are not required to have HIC licenses. Besides plumbers and electricians who have their own separate oversight… wall paper hangers, floor sanders and refinishers, painters, kitchen designers, window installers, are a few more.

    One motivation for contractors to follow through and get their license… they have no standing in small claims court.

  3. its funny as hell that i always refer to the HIC license as the hot dog vendors license… in the daily news today they reported a crackdown against fraudulent hot dog vendor licenses..lol..fits the bloomberg pattern of give tax breaks to guys like rattner, and hammer the little guyswho cant afford to defend themselves

  4. I did extensive renovation work on a place in Manhattan using a contractor who was also a friend of mine. He was not licensed by DCA, and said the only advantage (for him) of being licensed was the added protection he’d get if he ever got sued. As Slick said, an unlicensed contractor can’t enforce a contract.

  5. Smokychimp,

    You are an architect. I have respect for your posts in the past and probably will continue into the future. Please describe how a property owner can general contract work to his/her property without a GC license or HIC license. I’m sure we can agree that is legal? I’m not attempting to advise how to have work done illegally. I’m pointing out it is possible to do work to your property in a legal manner without using someone who is licensed by the DCA. I’m sure we could also agree the many types of work can be legally done to a single family home without permits from the DOB. All the information is there for anyone willing to take the time. Peace to all.

  6. Smoky, thanks for the clarification. I have very very little to do w/ the DOB as the expeditor pulls permits/got me my tracking number. I suspected the DOB wouldn’t issue w/out a HIC or GC license, but wasn’t 100% sure and didn’t want to muddy the waters.

    Pig, I dunno what to tell you. There are all kinds of enterprises/services that cannot be offered in NYC without complying with regulations and having licenses. Taxis, street vendors, and about a million other things. I’m not sure why you are so reluctant to believe the DCA’s webpage and city law, but whatever.

    FWIW, I agree with you in large part–there is overkill, and it’s burdensome. I think it is nuts I can haul debris from a job to a legal dump and pay to throw it away. In fact, I did that when I first started unaware that anyone would have an issue with it. But it’s not legal in NYC. One can chose to adhere to or evade law. That’s a personal choice, and I don’t really judge folks either way. My business is built around compliance.

  7. Bugleg’s your posts are for the most part correct — but the DoB does have a role in enforcing the licensing issue by confirming the HIC license at the time of issuing an alt1 or alt2 permit. And yes they’re required, Pig Three’s opinions notwithstanding.

  8. Slick,

    I’m do not dispute what you specifically wrote. A contract is a contract is a contract. No matter what, where, who… they all rely heavily on “the language” used. Deep pockets make the most enforceable contract almost impossible to enforce.

  9. Denton,
    I misread your initial post, I assumed that it was DOB,and only after going back and re-reading did I realize it was DCA. I agree with you that DCA coming to check is strange. That being said, I don’t think the law, or circumstances change substantially. I’ve been the site super on multi-million dollar projects and talked my way out of many a SWO simply by not getting into a pissing match with someone who is defensive about their job to begin with. Should inspectors be more professional? Yeah, but lets be honest, most, not all, but a lot of them are in the jobs that they are in for a reason, and it’s not because they are hard charging workaholics who know the trades inside and out. Giving them what they want,and moving on has worked well for me. Maybe I’ve been lucky, we’ve all heard the horror stories, but personally, the vast majority of inspectors that I’ve dealt with have been reasonable once I’ve treated them with the respect that they thought they deserved.

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