Planning a renovation in New York City comes with unique legal and financial risks. From strict licensing requirements to heightened liability exposure in co-ops, condos, and townhouses, hiring the wrong contractor can quickly turn a renovation into a costly dispute. The guidance below outlines practical, legally grounded steps to help protect your renovation project.
Hiring an unlicensed or uninsured contractor may appear cheaper at the outset, but it often exposes owners to significant liability. Under New York Law, injuries occurring at your property can result in claims for medical expenses and lost wages, even where the owner did nothing wrong. Standard homeowner, co-op, or condo insurance frequently does not fully cover these risks.
In New York City, most home improvement work requires a licensed contractor. The New York City Department of Buildings (DOB) issues licenses only to qualified contractors for construction work, and building permits are exclusively granted to Licensed General Contractors (GCs). Therefore, a licensed contractor is crucial for proper permit filings.
On the insurance front, registered licensed contractors must keep active policies on file with the DOB's Licensing & Exam Unit, which automatically verifies them during permit applications.
Any contractor performing home improvement work in NYC must be licensed by the Department of Consumer and Worker Protection (DCWP). Unlicensed contractors cannot legally enforce payment claims and may subject owners to unnecessary exposure.
Best practices include:
Verifying the contractor’s license directly through the DCWP database.
Confirming the license is active and issued for the correct scope of work.
Walking away immediately if credentials cannot be verified.
Licensed contractors are required to meet minimum standards and contribute to a restitution fund that may provide limited recovery to homeowners in the event of misconduct.
Insurance is critical for any NYC renovation project, particularly in multi-unit buildings where a single incident can affect multiple apartments.
At a minimum, owners should require:
General liability insurance
Workers’ compensation coverage
Certificates of insurance naming the owner (and co-op or condo board, where applicable) as an additional insured.
This is critical because it allows you to file claims directly with the contractor's insurer in case of mishaps. For instance, imagine a scenario where, during a roofing renovation, the contractor neglects to secure a protective tarp properly or install new materials, and an unexpected rainstorm results in severe water damage to your apartment's interior and personal belongings. If the contractor refuses to fix the issue or abandons the site altogether, being listed as an additional insured enables you to pursue a claim straight through their insurance carrier - coverage that your standard homeowner's or renter's policy might otherwise deny.
Complete disclosure of all subcontractors used by the GC.
Written Lien Releases: Before making progress or payments to the GC, insist on executed lien releases from each sub. These are legal documents where subs confirm they've been paid in full and waive their right to file liens or sue for that portion of the work.
For larger projects, performance bonds or additional coverage may be appropriate. Contractors should also be responsible for obtaining and complying with all required permits through the NYC Department of Buildings.
Beyond scope, price, and timelines, renovation contracts should address indemnification – who bears responsibility if something goes wrong.
An indemnification agreement can require the contractor to defend, indemnify, and hold the owner harmless from claims arising out of the contractor’s work, including injuries, property damage, and subcontractor conduct. This is particularly important in NYC, where construction-related claims are common and often involve multiple parties.
For inspections, assessments, or early-stage work, owners should require indemnification before work begins. To assist property owners and contractors, I have made available a free PDF sample template titled “Sample Contractor Indemnification Agreement for Real Estate Projects.” The template is provided for educational purposes only and should be reviewed and customized by counsel to ensure compliance with applicable New York law and project-specific requirements.
New York law requires written contracts for home improvement work. A well-drafted agreement should clearly address:
Scope of work and materials (including brands, quantities, and specifications)
Payment schedules tied to milestones
Project timelines
Responsibility for permits and approvals
Lien waivers and subcontractor obligations
For larger NYC projects, architect or engineer-prepared plans are often essential and help avoid disputes with contractors and building management.
One of the most common renovation disputes involves payment. Owners should never pay the full contract price upfront.
Recommended safeguards include:
Limited initial deposits
Progress payments tied to completed work
Retainage withheld until final inspections, approvals, and certificates of completion
Written lien releases before disbursing funds
These measures provide leverage and help ensure that work is completed properly and in compliance with applicable requirements.
Hiring contractors in NYC requires more than comparing prices. Licensing, insurance, indemnification, and carefully structured contracts are essential tools for protecting your property and investment. With proper planning and legal guidance, owners can significantly reduce the risk of disputes and liability.
If you are planning a renovation or need assistance reviewing contractor agreements, indemnification provisions, or insurance requirements, consult with an experienced NYC real estate attorney before work begins.