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Property owners may file lawsuits over construction defects

On Behalf of | Oct 17, 2021 | Blog, Real Estate Law |

New York property owners have six years from a building’s substantial completion date to file a construction defect lawsuit. As noted by, developers owe a duty of care to follow the requirements of local building codes.

Building contracts often specify developers must also use good workmanship as described by the American Institute of Architects. Deviating from standards may result in allegations that a completed project contains defects.

Visible or hidden defects may lead to lawsuits

Property owners seeking damages may provide evidence of defects. Patent defects include noticeable deficiencies that reflect visible errors or mistakes in a builder’s construction work. Windows that fail to open and close, for example, qualify as patent defects.

Discovering hidden defects may require an investigation conducted by a professional engineer. The results may produce a detailed report presented as evidence. Also referred to as latent defects, these deficiencies may include hidden plumbing, electrical or structural flaws. A faulty and otherwise hidden plumbing issue, for example, may result in serious damage to a building’s sewage system if left ignored.

Condo owners file a lawsuit over NYC building’s deficiencies

As reported by the Claims Journal, the condominium board of a New York City skyscraper constructed in 2015 filed a lawsuit against its developers. Residents who purchased units in the building claim they face threats to their safety because of construction deficiencies.

According to the complaint, the building contains more than 1,500 defects. Issues include flooding, obtrusive noise and vibrations that prevent sleeping. Allegedly, the developers programmed elevators to move slower during periods of high winds. Residents, however, complained of elevators shutting down completely and trapping them inside.

Developers owe a duty of care to construct buildings under New York’s standards and safety codes. Whether defects are visible or hidden, property owners may choose to file lawsuits for damages when construction deficiencies become evident.