Construction Defects in New York; Part 1 of 6 – An Introduction

Defects exist throughout all construction projects and it’s likely no construction project is ever completed perfectly. In New York construction however, perfection is not the legal standard by which construction is generally measured. The standard used to judge completed construction is the ordinary and reasonable skill that is usually exercised by architects, engineers, contractors and others in that work.[1]Therefore, not all defects are necessarily actionable under New York construction law.

However, various types of defects are recognized under New York construction law. Each of these are separately defined and are resolved by the courts by varying methods. In this series of articles, on New York construction defects, each recognized defect and the methods used to address these by the courts will be explained. These include design defects (part 2), defective construction (part 3), improper materials (part 4), improper installations (part 5) and finally time limitations, which apply to seeking legal action for defective construction in New York (part 6).

To start, a determination of the type of defect involved is necessary in determining which party (or parties) may ultimately be responsible for the defect. Ultimate responsibility could rest with the owner, the architect, the engineer, the contractor (and its subcontractors), suppliers or others. And rarely do any of the parties admit fault with any of their own work. If the owner blames its contractor for faulty work, the contractor will likely point blame in the direction of the architect or engineer, and so on.

Generally, a design professional (architect or engineer) will not be liable to the owner for construction defects, and likewise, the contractor will not be responsible to the owner for design defects.[2]

Defects do not necessarily make themselves visible in the same way, as not all construction defects are open, obvious, and prompt in their appearance. A latent construction defect may be concealed and hidden from inspection. A patent defect, however, is one that is open and obvious. Therefore defective construction could contain variations of latent design defects and patent construction defects.

CTA Button

Additional information relating to the important factors latent design defects play on the overall lifecycle of a building can be found in an excellent paper written by Wai-Kiong Chong, M.A.SCE and Sui-Pheng Low,  Latent Building Defects: Causes and Design Strategies to Prevent Them.

Your comment and future article topic suggestions are invited in the field below.

John Caravella, construction lawyer

The author, John Caravella Esq., is a construction attorney and formerly practicing project architect at The Law Office of John Caravella, P.C., representing architects, engineers, contractors, subcontractors, and owners in all phases of contract preparation, litigation, and arbitration across New York and Florida. He also serves as an arbitrator to the American Arbitration Association Construction Industry Panel. Mr. Caravella can be reached by email: or (631) 608-1346.

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.  Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter.  No reader, user, or browser of this site should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel in the relevant jurisdiction.  Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.  Use of, and access to, this website or any of the links or resources contained within the site do not create an attorney-client relationship between the reader, user, or browser and website authors, contributors, contributing law firms, or committee members and their respective employers.

[1] Major v. Leary, 241 A.D. 606, 268 N.Y.S. 413 (2d Dep’t 1934).

[2] MacKnight Flintic Stone Co. v. City of New York

This is a general information article and should not be construed as legal advice or a legal opinion.  Readers are encouraged to seek counsel from a construction lawyer for advice on a particular circumstance.

2 thoughts on “Construction Defects in New York; Part 1 of 6 – An Introduction”

  1. Thanks for explaining that latent construction defects aren’t always obvious and may be hidden from inspections. My husband and I think there might be a construction defect in our home because we’ve noticed some of the beams in the attic don’t look quite right. I’m glad I read your article because now I know it’s pretty common and we can get it repaired.

  2. I had a roof replaced a year and a half ago. The roofer caused interior damage to my home and the roof is leaking. I have called his insurance company because I am also inundated with mites in my home. I have had the exterminator in and unfortunately the problem still exists. I was told that the host is in the roof and when it was disturbed the mites began to enter my home. When it rains more mites come down with the leaks and they come down the walls all the time. My daughter is covered with bites. I have little faith that the outcome will be good.

Leave a Reply

Your email address will not be published. Required fields are marked *