Peter Wachira

6 Types of Construction Defects New York construction defects are a common occurrence, although most of them are minor and have somewhat no consequences. However, some dangerous construction defects in New York City can risk damage to people or the actual structure. Most New York construction defect types are not discovered immediately and only become apparent long after completion. Whether the defect is minor or significant, it remains a problem, and defending against defect claims is quite challenging. New York construction defects are mistakes in the construction process related to materials, design, or poor quality workmanship. They lead to failure in certain aspects of the buildings being newly constructed that might cause damage to people or property in terms of finances or otherwise. A construction defect can result from defective architectural designs, improper construction, failure to inspect correctly, or lack of planning or supervision. Construction defects in New York city occur when there is a failure to construct a building in a sensible workmanlike manner. A construction defect on a newly constructed home must include all of the following: Deficiencies in the construction process result from poor materials, design, or workmanship. The deficiency must cause failure in the structure being built. The deficiency must cause financial or other damage to an individual or property. The design defect may sometimes be as simple as not meeting the owner's expectations, or it could be a severe structural defect to the building. The New York construction defects and the ensuing litigation will greatly vary depending on the severity and source of the prevailing issue. Main Classes of Construction Defects in New York Construction defects in New York City are either classified as latent or patent. Patent defects are those that are readily discovered upon reasonable inspection. They are the kind of new construction defects that a contractor or subcontractor can find during routine inspections. They are obvious, meaning they are often easy to fix. Most of these construction defects in New York City are often merely aesthetic and on a surface level; thus, accessing them and performing repairs is not invasive. Latent defects cannot be discovered easily from reasonable inspections as they are concealed and not readily observable. They are not obvious and usually below the surface or even in the project's guts; thus, they are more problematic. A good example is foundation problems which might not be apparent for several years after completion and are only discovered when settlement causes cracks in the building. Once latent defects become apparent, they become latent rather than patent. Latent defects might not be found even if someone inspects the work thoroughly. Main Categories of Construction defects in New York The cause of New York construction defects can be deficiencies in the actual product and how the design is installed, operated, and maintained. Some damages, such as a leaking water pipe, might be instantly apparent or be discovered over time, such as a foundation movement. When construction defect allegations are raised, it is best to understand the potential failure mechanisms from products, installation, and design to operation and maintenance. Knowing this will help in identifying the probable culpable party. Design Deficiencies A design defect results from the failure of a design professional to produce well-organized and accurate construction documents leading to error or omission. An error requires either a replacement or redesign of a part. An omission can be solved through change orders, thus adding the scope of work for a contractor. Typical design defects are poor drainage, inadequate structural support, or flawed roof designs that lead to water intrusion. Material Deficiencies Material defects are those that arise due to damaged or defective building materials. If the defect emanates from the manufacturer, the parties using the materials are unlikely to notice the defect until after they have already incorporated them into the project. These construction defects are particularly costly since they might require new materials and additional labor. Examples include inferior products that are not durable and bent window frames during transit that cannot be installed appropriately, leading to water penetration. Workmanship Deficiencies When they think of New York construction defects, workmanship defects come to many people's minds. These types of construction defects occur as a result of the contractor's failure to follow the construction documents to build a part or structure in accordance. Structural integrity problems and simple aesthetic issues are good examples of workmanship defects. It is incredibly complex to allocate liability and determine who or even how the culpable party failed to conform to the property standard of care. Construction Deficiencies Construction deficiencies are closely related to workmanship defects and are often a result of failure to construct a house in a rationally workmanlike manner. They cause construction failure due to the poor quality of the workmanship involved and the structure's failure to perform as intended by the owner. An example of this kind of defect is improper plumbing work that causes leaks that might damage electrical wires in the wall or promote mold growth. Other examples are the building's structural integrity, mechanical elements, doors and windows, expansive soil, water intrusion, electrical defects, toxic mold, moisture protection, and finishes. Operational and Maintenance Deficiencies These deficiencies occur when the owner fails to properly maintain the buildings or systems. An example is when the temperature of an HVAV system is kept too low during the winter, causing the popes to freeze. Another example is failure to maintain the exterior sealant causing it to break down and allow water in. Subsurface Deficiencies Many parts of the country have expansive soil conditions, including New York. Some buildings are built in areas that are hard to get a stable foundation since they are on shifting soil or on hills. A lack of solid foundations can lead to cracked foundations and other structural damage. Subsurface conditions not properly prepared and compacted for sufficient drainage may lead to problems such as failure to settle properly to the ground, flooding, shifting, or moving structures. Common Types of Construction Defects in New York Some of the most prevalent, high-cost New York construction defects include: 1.      Structural Defects If the structure of a building is somehow defective, then there might be a great danger in occupying the home. It might be unstable or unsafe and may not function as intended or designed. Structural issues include improperly installed doors, weak wood for studs, defective or weak flooring, dry rot, drywall problems, etc. 2.      Water Leakage Water leaks can cause a wide range of severe issues in a home or commercial property. Water tends to penetrate poorly installed doors, windows, and basements. Many parts of the property, such as the drywall, are vulnerable to water leaks. The most severe issue with water leakage is the development of mold. The building might be rendered completely unsafe to live in, especially when black mold grows. It is usually extremely costly to repair the resulting damage after mold infestation. 3.      Plumbing Defects If the plumbing work is improperly installed, then it might leak. Although the damage of a broken water pipe is severe, the damage that can be far worse is if any of the sewer pipes break. The cost of repairing plumbing issues can quickly escalate, but the contractor must bear the cost of the defective plumbing. 4.      Drainage Issues Before construction commences, the land is prepped, and there is a particular type of preparation for the land for construction. Failure to do the preparation or when it is done incorrectly could lead to water collection on the property that will ruin the new building. Drainage issues can be costly to resolve. 5.      Defective Concrete Work Concrete construction is hard work that requires a lot of expertise. Concrete that is improperly prepared or poured can look terrible and usually cracks. It can also fail to support any substantial weight without crumbling, thus rendering it structurally unsafe. In most cases, the only remedy to poor concrete work is to remove and replace it altogether. 6.      Soil Settlement Issues You must prepare the soil at the site appropriately before laying the foundation of a new building to prevent settlement. A construction structure can be significantly damaged by settlement, requiring much effort and finances to accomplish the necessary repairs. The Litigation Process for a Construction Defect Construction defect cases in New York City are quite complex and challenging to deal with. They deal with issues with engineering, materials, design, workmanship, and more. These cases often arise when the project is complete or in the final stages when the construction defects become visible, thus increasing the damage. Quantifying and resolving the New York construction defects become difficult as the parties blame each other and fail to devise an amicable solution. It is difficult to determine the entire range of resulting damages or the responsible party, and that is where the law comes in. Pursuing the legal process of construction defect repairs can be complicated, time-consuming, and technical. In New York, you can pursue claims against the design professional, contractor, subcontractor, and insurance company. Once you have figured out the responsible parties, knowing the best way to deal with them is challenging. Therefore you will need to schedule an appointment with a New York attorney to provide you with the best advice and guidance for resolving the matter. When you notice a construction defect on your structure, you will have the grounds to pursue a lawsuit against the developer, subcontractor, builder, designer, engineers, architects, and suppliers. The most probable cause of action might include negligence, breach of contract, strict liability, fraud, negligent misrepresentation, and breach of warranty. You may decide to go the mediation, where a neutral third party will attempt to come up with a mutual resolution and settlement of the claims to save legal fees. Alternatively, you can go for arbitration, where an arbitrator acts as a judge, and the arbitration results are usually binding and cannot be reversed by any appeal. Negligence Developers, contractors, engineers, architects, and subcontractors are required by law to use reasonable care during the construction process. The developer can be culpable if they are proven to have done something that doesn't meet their professional standards. You might be able to prove that they don't have the necessary knowledge to do the work, such as lack a proper degree or license but were hired by their company anyway. In such a scenario, the company can be held liable for negligence for damage caused by the developer. Future purchasers of the property are also covered as the duty of care extends to any person injured by the construction defect. The original builder of a building could still be in trouble if a legal issue occurs ten years later. The negligence of subcontractors is the responsibility of general contractors and developers. Breach of Contract Property owners can sue developers or builders for failing to comply with the terms of their contracts. This measure can be because of violating an obligation in the contract, not abiding by the purchase or sale documentation, or not following escrow instructions. The court often refers to the doctrine of substantial performance when such allegations are made. It will consider the contract complete if the builder tried their best to complete the contract even if they didn't meet all the requirements. The property owner will be required to pay the contract amount less the diminished value of the property. Breach of Warranty A breach of warranty uses the same principles as a breach of contract and is applicable when the warranty is not followed. Some contracts have warranties that cover the property's condition in case of malfunctioning products. An example is a warranty that states that an HVAC system will work efficiently for ten years. If the system breaks down after five years, the construction company must uphold its warranty by replacing the broken item. A contract's principles apply when structural damage is related to an express warranty breach. Strict Liability Claims The general contractor is bound to strict liability or responsibility by the implied warranty of habitability. The property owner doesn't need to prove that the developer or general contractor was negligent during the construction. The only things that they must prove are that a defect exists in the house, the developer created or caused a defect, and the defect caused injury or damage. The homeowner should also provide proof when the developer is involved in the mass production of houses. Fraud Fraud is when a developer or contractor knowingly misrepresents the quality of construction. It involves false and misleading statements, such as claiming a floor is scratch-proof while it scratches easily. It could also apply when a person poses as a contractor or the contractor hires someone else to do the work. Your attorneys must prove to the courts that the contractor did not intend to follow the specifications and design plans as promised. Negligent Misrepresentation As a homeowner in a negligent misrepresentation case, you must prove that the developer made an allegation to you with no reason to believe the authenticity of the information provided. For example, the developer could tell you that their roofing will never leak. Once it leaks, the homeowner gets upset, and the developer has nothing to support the claim. How Construction Defects Litigation Works The amount of litigation involved in construction defect cases is the biggest problem. Construction defect litigation is costly, complex, and lengthy, unlike any other type of construction litigation. Depending on the defect, the lawsuit can include many defendants, such as anti-indemnity statutes, various insurance policy coverages, and intensive fact discovery procedures. To succeed in a construction defects lawsuit in New York, you will need the assistance of a professional attorney. Determining the Damages The party sued based on allegations of construction defect and not only has to pay to defend themselves but might also be liable for any damages. The scope of damages is particularly challenging to determine, given that several factors might affect the award. One factor that is not easy to decide on is the extent of the damage. The court can include the cost of repairs, loss of use, the decline in property value, and punitive damages when recklessness and gross negligence are involved. The courts must also decide how to spread liability when multiple defendants are involved. Timeline of a Construction Defect Lawsuit Time is another challenge for construction defect litigation, as most New York construction defects are exposed long after completion. The state's statute will determine whether it can file a lawsuit when the defect is discovered. In New York, one can file a construction defect lawsuit within six years of the project's completion. The timeline ranges depending on the state; it can be between 4 to 20 years. Seek Advice from Construction Defect Attorneys in New York If you have a legal construction defects issue in your New York residential or commercial property, then the responsible parties should bear the cost of repairs, not you. At Gregory Spektor & Associates, we have highly-experienced attorneys with comprehensive knowledge of construction defect litigation. We offer high-quality legal services and a cordial attorney-client relationship in construction accident lawsuits, personal injury cases, premise liability claims, slip and fall, and more. Call us at - to schedule an appointment for our attorney services for a free consultation.