Construction defect claims inspire a lot of the litigation in the New York and Florida construction world. Generally speaking, such claims allege that defects in the planning, design, workmanship, and/or materials or systems used on a project caused some kind of financial harm to the owner. Courts tend to place defects into one of four categories, each of which can form the basis for a claim.
Structures are typically designed to function in a certain way and meet the standards of a particular building code. When it fails to meet these requirements, the property owner can argue that design deficiencies exist. Examples include:
- Insufficient insulation
- Defective plumbing
- Leaking roof
- Faulty electrical wiring
- Water entry via windows or sliding glass doors
Builders are supposed to use materials that are up to standard. To do otherwise can result in a material deficiency situation, such as drywall that deteriorates under normal wear and tear, windows that develop cracks around the frame and allow outside air in, and poor quality floorboards that warp soon after being installed.
Workmanship refers to the quality and skill used into completing a construction project. When contractors and subcontractors are negligent or careless, the completed building will lack the quality that the owner reasonably anticipated. Examples of poor workmanship include:
- Incorrect installation of materials and products
- Poor plumbing work
- Improper calculation of the cement-to-water ratio
Substandard workmanship can result in plumbing issues, damaged electrical wiring, cracks in the walls and foundation, mold development, and more.
Poor Site Conditions
For a building to be structurally sound, it needs a solid foundation. If a contractor builds on a weak foundation or does not prepare subsurface conditions properly, it can lead to structural deficiencies such as wall separation, cracks in the foundation, water damage, and warped floors or ceilings.
If you own a building that has been damaged by a construction defect, it is important to act as soon as possible. In Florida, you are legally required to notify the original builders or contractors and give them the opportunity to correct the defects before you can file a claim. If the issue remains unresolved, you must initiate proceedings within four years from the time that you found, or should have found, the defect(s).
New York is not a “Right to Cure” state, meaning that you are not required to give the original workers a chance to fix their mistakes, but under state law there is a six-year limit for breach of contract and a three-year limit to claim for property damage.
If your home or commercial property has a construction defect, contact Rosen Law today. Our construction defect claim attorneys will guide you through the maze of statutes, claim requirements, and other complex legal matters in both New York and Florida so that you recover the compensation that you need and deserve. Call Rosen Law today at (516) 437-3400, or contact us.