Scott I. Batterman has been an active trial attorney and litigator for over 35 years, since his admission to the bar In New York in 1981. He is a graduate of the Massachusetts Institute of Technology, receiving his law degree summa cum laude from New York Law School. Scott Batterman has wide experience practicing in both federal and state court, and before various arbitral tribunals, and in advising clients, in the areas of complex bankruptcy disputes, construction law (including the Americans with Disabilities Act), contracts and commercial law, employment discriminatiMore...More...
It would probably depend on the specific language of the contract. You should be aware, however, that there is a question as to whether a cost-plus contract is even legal for residential construction. The regulations established by the Contractors License Board include the following: § 16-77-80. Homeowner contracts. (a) All contractors shall provide homeowners with a written contract involving home construction or improvements which shall provide See More...See More...
It is not uncommon to pay a contractor a deposit so that long lead items can be ordered. Whether in your case it is proper would depend on the language of the contract. Whether the bonds cover it would depend on the language of the bonds.See More...