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.
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.
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.Therefore, not all defects are necessarily actionable under New York construction law.
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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