Tag: defective construction

Construction Warranty vs. Statute of Limitations Between Builder and Owner

Like the strings of a marionette puppet, after the completion of a New York construction project there are various legal theories that serve as ties between the builder and the owner. For the builder, the sooner these lingering ties can be removed the less exposure they face for claims of defects. For the owners, the longer they are able to establish these connections the longer they may have legal recourse against the builder for defects, should that be necessary.

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Construction Defects in New York; Part 6 of 6 – Time Limits

This is a continuing article series on Construction Defects in New York, These include an introduction (part 1), design defects (part 2), defective construction (part 3), improper materials (part 4), improper installations (part 5) and finally important time limitations which apply to seeking legal action for defective construction in New York (part 6).

Although construction litigation can be complex and often requires expert testimony, one of the most complicated areas is simply determining the timeframe a party has to bring forth an action in New York.

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Construction Defects in New York; Part 5 of 6 – Improper Installation

This is a continuing article series on Construction Defects in New York, These include an introduction (part 1), design defects (part 2), defective construction (part 3), improper materials (part 4), improper installations (part 5) and finally important time limitations which apply to seeking legal action for defective construction in New York (part 6).

Construction defects relating to materials can also be based on their installation. If products are installed incorrectly this can result in an unacceptable condition to the project owner.

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Construction Defects in New York; Part 4 of 6 – Improper Materials

This is a continuing article series on Construction Defects in New York, These include an introduction (part 1), design defects (part 2), defective construction (part 3), improper materials (part 4), improper installations (part 5) and finally important time limitations which apply to seeking legal action for defective construction in New York (part 6).

Even where designs are to the correct level of competency and the construction has been performed with due diligence and care, problems may still arise on a project.

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Construction Defects in New York; Part 3 of 6 – Defective Construction

This is a continuing article series on Construction Defects in New York, These include an introduction (part 1), design defects (part 2), defective construction (part 3), improper materials (part 4), improper installations (part 5) and finally important time limitations which apply to seeking legal action for defective construction in New York (part 6).

For a defect to be construction based, it can range in scope from a contractors failure to perform to completion of the project, to gross deviations from the approved construction plans and specifications.

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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.

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Architect and Contractor Liability for New York Building Code Violations

CAN I BE SUED FOR VIOLATING THE BUILDING CODE?

CLAIMS AGAINST CONTRACTORS AND ARCHITECTS FOR CODE VIOLATIONS

 In my construction law practice, I’m often confronted with instances of building code violations and questions of whether building code violations should subject a contractor or architect to liability.

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Strings of a Marionette Puppet

Like the strings of a marionette puppet, after the completion of a New York construction project, there are various legal theories that serve as ties between the builder and the owner. For the builder, the sooner these lingering ties can be removed the less exposure they face for claims of defects. For the owners, the longer they are able to establish these connections, the longer they may have legal recourse against the builder for defects.

Continue reading “Strings of a Marionette Puppet”