Has your Manhattan construction project gone awry due to project delays or construction defects? If so, you may have legal claims against the companies involved in the development, including architects, engineers, contractors, and subcontractors
Common Construction Defects and Causes of Project Delays
Construction defects in Manhattan projects fall into three major categories:
- Design defects: A design defect means that some errors or issues in the architectural plans have resulted in an unsafe or dangerous condition in a construction development.
- Materials defects: A construction project may suffer from a defect in materials when contractors use incorrect materials or substandard materials that create a dangerous hazard in a development.
- Workmanship defects: Workmanship defects occur when contractors perform negligent or substandard work on a construction project, creating a dangerous condition in the development.
Various issues can lead to delays in construction projects in Manhattan, often resulting from the challenging conditions in undertaking construction in a densely developed area. Some of the most frequent causes of construction project delays include:
- Contractor mismanagement
- Issues with zoning and building permits
- Subcontractor errors
- Supply chain disruptions
Suing for Construction Defects or Project Delays in Manhattan
You may have various legal claims arising from a construction defect or project delay in Manhattan. Some of the most common legal grounds for a construction defect or delay lawsuit include:
- Breach of contract: A breach of contract claim alleges that a contractor violated the terms of a construction contract by failing to meet construction milestone deadlines or by delivering a defective building due to design, materials, or workmanship defects. Property owners may also have legal claims for project delays when a construction contract includes a “time is of the essence” clause.
- Breach of warranty: Construction defects may lead to a breach of warranty claim where a construction contract obligates a contractor to use specific building materials or to construct the project in a “workmanlike” manner. Contractors may agree to warranty their work for defects in materials or workmanship.
- Negligence: A property owner who receives a defectively designed or constructed building may sue the architects, engineers, and contractors involved in the construction for their negligent work.
Under New York’s statute of limitations, you typically have three years to file a lawsuit for a negligence claim and six years to file a contract or warranty claim.
Proving your right to compensation in a construction defect lawsuit may require various forms of evidence, such as:
- Photos/videos of building damage caused by construction defects
- Inspection reports from city and state building inspectors
- Expert testimony from architects or construction engineers to identify the nature of the defect(s) and its cause(s)
In a construction defect or delay case, you may have the right to recover compensation for losses you sustained, including for:
- Additional costs to redesign or repair the building or to finish construction on time
- Loss of rental income or interruption/delay of business activities at the property
- Liquidated damages for delayed completion if the contract includes liquidated damages clauses
Steps to Take Before Filing a Construction Lawsuit
Before pursuing a construction lawsuit for defects or delays, you can put yourself in the best position for success in your case by taking the following steps:
- Notify the architect/contractor: You can avoid costly litigation by attempting to negotiate a settlement with the architect, engineer, or contractor responsible for the project delays or construction defects.
- Keep detailed documentation: Gather copies of all correspondence among the parties and copies of contractual agreements.
- Take photos of the construction project: Document the delayed completion of the construction or evidence of construction defects.
Finally, contact a real estate litigation attorney to discuss your potential claims against an at-fault architect or contractor.
Contact a Real Estate Litigation Lawyer Today
If your project in Manhattan has suffered setbacks due to construction delays or defects, you need experienced legal representation to help you seek relief from your losses. Contact Levy Goldenberg LLP today for a confidential consultation with a real estate litigation attorney to discuss your options for pursuing a favorable resolution to your construction dispute.