Can my architect close the permit without the contractor's involment?

I have a small job (converting a roof into a terrace), for which all filings were done and approved by the DOB. The contractor agreed to do everything except the installation of the rails (which a separate company is doing). My contractor has pretty much done everything that was required in the DOB filing except for the last few things (like cleanup of garbage, re-cementing parts of the wall, install new gutters). A few weeks ago he started trying to harass me for extra money for extra work. I have a solid contract with him spelling out what he needed to do and how much it would cost me AND when he would be paid each part. A week ago he just disappeared and does not return my calls. I have paid him about 90% of the total of the job (with the last 10% due ONLY upon the successful sign-off on the job and closing of the permit, which can be done by my architect. My question is this. When the rails get installed (in about 2 weeks), can my architect just sign off the permit (close it) without the contractor being involved? I just don’t want to deal with the contractor any longer as I am sick of his games. I will use that 10% to hire someone else to finish the job while I am waiting for the rails. If anyone has suggestions or comments, I would appreciate them. I am in Crown Heights, Brooklyn.

mystiky

in Dept. of Buildings (DOB) 10 years and 9 months ago

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concord | 10 years and 9 months ago

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Yes you can. Don’t let the contractor intimidate you – if you do not owe him money. A mechanic’s lien still needs to be proven and there are consequences for the filing of a willfully exagerated lien…the keys are; contract, records, records, records, records…

dazednconfused2 | 10 years and 9 months ago

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The short answer is yes, the architect, owner, and/or expediter can close out the job. In fact, they are the only ones who can actually close it out with the DOB. The contractor has little to do with closing it out, beyond doing the actual work that was filed. The architect or expediter can call for the inspection and be on site to meet the inspector, or you can even do that. If the inspector comes up with objections, then it’s up to you to get them fixed in some way, which as other posters point out, may cost more than the 10%.

mystiky | 10 years and 9 months ago

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Here it is not an issue of him asking for more money for the job. He is asking money AHEAD of the schedule and NOTHING extra was done for my job. I can assure you, as this is my 3rd separate filing for the same house (we fixed it up in sections, including moving walls, a brand new cellar, etc…). Without getting too technical, the pulled permit (it seems) is not even in his name or company name (meaning, he probably paid someone else to pull it so he can do this job). I am sure that this dirty laundry will be of interest to a judge if this ever goes to a small claims court case. There were no surprises in this project. The biggest problem is that he said that it’s a 3 day job and so far, we are into the 6th week. Do you think it’s right? He has not been asked to do anything extra and I don’t like to be played around with. Weather, equipment or neighbors were never an issue. And I know he is fully healthy as he is working on other projects in the meantime. Again, I need to know if an architect can bypass the contractor and sign off and close the permit. I am leaving all options open (as far as working it out with the contractor) but I would like to know all my options. Thanks again.

lmtuzyjcftvgonr | 10 years and 9 months ago

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Agreed with resident2, in situations like this its best to work it out. Its sometimes difficult to control the cost due to unexpected conditions, especially in renovations. It will end up costing you more then the remaining 10% plus probably even the extra money he’s asking for. Its most likely that new contractor, will sense your situation and charge you accordingly. Then you’ll have a lien to settle with your original contractor, and you NEVER want to get into a court battle in construction. Its just costly for both parties, and a waste of time. Settle, and complete your project, you’ll be much happier. — Mosfigul Aktar, Assoc. AIA Architectural Designer Construction Manager Phone: 917-495-6775 Email: MosfigulAktar@gmail.com Website: www.aktargroup.com

resident2 | 10 years and 9 months ago

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Assuming your contractor has a license and pulled the permit? He can file a mechanics lien against your property if you do not pay him in full. If he did do extra work; and lets face it most jobs do end up involving extra work; either due to opening up walls, ceilings etc. and finding something not expected or “while you are here, can you take care of this? etc. Pay him, work it out. It will probably cost more than the 10% to hire someone else to finish the job, it always does.