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Thomas Swartz
Thomas Swartz, Lawyer
Category: Real Estate Law
Satisfied Customers: 3171
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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I am having major work done to a foundation wall. How is the

Customer Question

I am having major work done to a foundation wall. How long is the contractor responsible for defective workmanship? Can you send me a link for a reference I can refer to in New York State?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Thomas Swartz replied 2 years ago.


The answer depends on the exact type of claim is being made. But generally, if you are making a simple claim that the contractor performed the work negligently, the contractor would subject to the 3 year statute of limitations under New York's CPLR 214(6). You would have three years from the time when the construction reached "substantial completion". However, if the defect in construction is hidden or could not be discovered, then you would have three years from the time when the defective workmanship was discovered.

Let me refer you to the following article on the subject: Construction Defects in New York - Time Limits.

I hope this answers your question.