People hire contractors to perform certain construction work in their home or residence. Unfortunately, the reality of life is that things can and do go wrong for a variety of reasons which can lead to a lawsuit between the homeowner and the home improvement contractor. Here, we explore another option for suing a so-called home improvement contractor. There are more helpful articles on this website regarding suing your home improvement contractor in New York.
Specifically under General Business Law Section 349 you can sue a business for deceptive acts or practices which most importantly allows you to collect actual damages PLUS legal fees.
- General Business Law Section 349 States in relevant part:
- (a) Deceptive acts or practices in the conduct of any business, trade or commerce or in the furnishing of any service in this state are hereby declared unlawful.
- (h) In addition to the right of action granted to the attorney general pursuant to this section, any person who has been injured by reason of any violation of this section may bring an action in his own name to enjoin such unlawful act or practice, an action to recover his actual damages or fifty dollars, whichever is greater, or both such actions. The court may, in its discretion, increase the award of damages to an amount not to exceed three times the actual damages up to one thousand dollars, if the court finds the defendant willfully or knowingly violated this section. The court may award reasonable attorney’s fees to a prevailing plaintiff.
