The New York skyline is one of the busiest and most beautiful skylines in the world. Yet it continues to evolve as more buildings go up. Across the city, various construction projects are opening doors for residents, businesses, and more. It should come as no surprise then that NYC is also home to many of the world’s most skilled construction and engineering firms. Yet regardless, from time to time, defects are uncovered, and various construction, engineering, and other companies may be found liable under New York’s rather extensive construction defect laws.
We’re going to cover defect laws in New York. Of course, legal matters often fall into gray areas and cases may not be as clearcut as they initially seem. If you need assistance with construction defects or other legal matters, reach out to SMB Law Firm at your convenience. It’s wise for property owners and contracting firms, among other stakeholders, to seek professional consultation. For every party, construction defect proceedings can be complex and difficult.
The Basics of New York Construction Defects
A defect refers to problems with craftsmanship, materials, design, engineering, and the like. It can include things such as faulty wiring or leaking water. With defects, something isn’t functioning the way it is supposed to function. The problem may be due to materials, poor build quality, or design, for example.
To be clear, “perfection” isn’t the standard with construction defect laws. Mistakes happen and perfection is rarely if ever achieved. Instead, a defect may come into play if a completed project doesn’t meet the reasonable standard of skill usually expected and exercised by construction contractors, engineers, architects, and the like.
If defects are found, property owners and other relevant stakeholders may be due compensation. With funds in hand, affected parties can repair or otherwise mitigate the damage. Of course, firms accused of defects should verify that they are responsible for damages. Often, the fault lies elsewhere and the right legal representation can help prove who is really liable.
As far as NYC’s construction industry goes, disputes over defects are perhaps the most common source of legal disputes between contractors and their clients. Fortunately, the team at SMB Law Firm have ample experience handling construction industry legal cases, including disputes regarding defects.
Looking at the Specifics of Construction Defects in NYC
The crucial first step in a construction defect legal case is pinning down the defect and the impact it is having. From there, it’s possible to determine the most likely responsible parties. Responsibility may be found to lie with a material manufacturer, the general contractor, subcontractors, design & engineering firms, the property owner, or another stakeholder.
If the construction defect is due to poor installation and construction, an engineer likely won’t be held liable. Likewise, if poor designs led to the defects, the construction contractors likely won’t be held liable. Of course, in some cases, defects could be due to multiple causes and parties. Determining who is liable for what is crucial and every party should have representatives who will champion their interests.
Proving who is at fault can be immensely complex and in many cases, multiple parties will be looking to avoid liability. In such an environment, proper representation often proves crucial, especially given how many factors are at play. Ultimately, the party found responsible may be the one with the least effective legal counsel.
Proper Construction Defect Consultations for Property Owners
When it comes to construction defects, you can’t judge a building by its exterior, or walls and floors, for that matter. Often, construction defects are hidden from plain sight. The HVAC system in the walls on one floor might be defective, or the wiring in the ceiling may have been improperly installed. If defects are a concern, it’s important to evaluate every building, top-to-bottom, to determine what may be the cause.
As one of New York’s leading construct defect law firms, we often leverage our experience and industry insight to help clients uncover what may ultimately be defective. We can also recommend inspectors and other relevant parties who can provide thorough, professional examinations. Once we uncover the roots of the issues, we can then determine how best to proceed.
How Construction Contractors, Architects, Etc., Should Approach Construction Defects
Parties defending themselves from defect allegations in New York should closely examine whether another party was ultimately responsible. For example, a construction contractor in charge of installing an interior façade that later proved to be defective will want to look closely at materials and the design to see if other parties may actually be at fault. Likewise, an architect accused of providing faulty designs or otherwise causing a defect will want to closely examine the craftsmanship of the project.
Whatever the situation, if you need assistance with legal matters in New York involving construction defects, get in touch with SMB Law Firm.
