Construction Defect Attorney

It’s hard to drive through Long Island without seeing some sort of construction going on. Every construction project is complex. There are hundreds, if not thousands, of building codes that must be met, and all sorts of technology are used to make sure standards are met. Even so, errors can occur, and defects can be introduced even before construction is completed.

A construction defect exists when a building doesn’t meet building codes or terms of the contract. This could include improper framing, a faulty foundation, and other issues. Construction defects can occur in new buildings or could be discovered in older homes and commercial spaces as well.

At TonaLaw, we understand how defects can impact your commercial or residential building. We are also familiar with the laws that allow you to take legal action so you can get defects corrected without having to pay for costly repairs. Give us a call today at 1-833-TONALAW or contact us online for a free, no-obligation consultation with a Long Island construction defect attorney.
Construction Defect Long Island

Common Types of Construction Defects

Construction defects are often separated into two categories: obvious and latent. If there is going to be a construction defect, you want them to be obvious. That way, they can be addressed before construction ends with minimal costs. Examples of obvious defects are using the wrong-sized beams or the incorrect type of concrete for the foundation.

Unfortunately, most construction defects are latent. That means they are present at the time of construction but aren’t discovered until later, sometimes years after. For example, the concrete used for the foundation may not have been laid properly and could crack a few years down the road. Or you could be dealing with progressive latent defects in construction, such as steel beams that may have looked correct, but may not have been galvanized properly — and end up rusting out years down the road. 

It’s also important to note the difference between a defect and the manifestation of the defect. The manifestation of the defect is the appearance of the structure that shows a defect is there. For example, a driveway cracking may be the manifestation of a defect in the foundation of a house. Both the manifestation and the defect itself usually have to be addressed.

Defects that our Long Island construction litigation lawyers often see include:

  • Components that don’t work as intended: These defects may include windows that aren’t as wind-resistant as they were supposed to be or concrete that isn’t as strong as it should be. Electrical or other systems that don’t work properly can also fall into this category.
  • Deviations from blueprints: Blueprints and other plans or specifications are prepared by the architect, engineers, surveyors, and other professionals. If there is a deviation from these plans, even down to the type of materials used, it could lead to an obvious or, more likely, latent defect.
  • Building code violations: When plans are being drawn up for new construction, building codes are one of the top priorities. All buildings, whether new or old, must meet standards set forth by New York law. If building codes are violated, it could lead to legal and other troubles down the road.
  • Premature deterioration of components or construction: Elements of a building are supposed to last for a certain amount of time. For instance, a residential roof with asphalt shingles may be rated to last 20 years. But if these elements deteriorate well before they are supposed to, it can be considered a construction defect.

Who Can Be Held Liable for Construction Defects?

There are a few different parties that can be held liable for obvious and latent defects in construction. At TonaLaw, our Long Island construction attorneys have the knowledge and experience to identify the at-fault party and hold them accountable. One or all of these parties could potentially be liable for construction defects:

The Contractor

The contractor and their subcontractors are responsible for constructing buildings properly, as well as performing maintenance and repairs on buildings when they are hired to do so. They must also set the plan for how construction will be performed, and buying the proper equipment and materials needed for the project.

If contractors do not perform their duties in accordance with the specifications and plans laid out in blueprints and other documents in a “workmanlike manner,” they can be held liable for construction defects. In addition, if a contractor knows the plans are defective and doesn’t bring the matter to the architect or owner, they can be held liable for defects.

The Designers

Designers include architects and engineers who craft blueprints and other plans for the construction. They may be involved in the process from start to finish, or they could simply prepare plans for contractors and other parties to execute. 

No matter how involved the designers are in the process, if they don’t exercise reasonable judgment and care in their work, they may be held liable for construction defects. For example, an architect or engineer who creates a house plan that doesn’t take into account the possibility of water overflowing from a bathtub on a second floor can be held liable if the bathroom floor begins to rot or otherwise becomes damaged.

The Owner

Though construction is done by contractors and other parties, building owners can also be held liable for construction defects. For example, an owner who fails to maintain their property or inaccurately reports the condition of the property before construction begins may be responsible for any construction defects.

For homeowners and commercial building owners, that may mean being responsible for repairing any defects that appear in their property. It may also mean being responsible for injuries that occur because of the defect, such as a roof caving in or a crack in a driveway causing someone to trip and fall

The Manufacturer

Finally, the manufacturer of materials used in the construction process can be held liable if those materials fail. For instance, water sealants that don’t actually stop water leakage can cause a latent defect. Or, a boiler that isn’t constructed correctly can suddenly burst or explode.

When product defects cause the issues in construction, the manufacturer can be held liable for any construction defects that result. If those defects only cause economic loss, they can be responsible for fixing the problem and providing adequate compensation. However, if injuries occur, the manufacturer can be held liable for those injuries.

Work with a Long Island Construction Attorney Today

If you own a building that has obvious or latent defects in construction, and the designer, owner, contractor or manufacturer refuses to take responsibility, you have legal options. At TonaLaw, our experienced construction lawyers have over 30 years of combined experience holding these parties accountable.

Give us a call today at 1-833-TONALAW or contact us online for a free, no-obligation consultation with a Long Island construction defect attorney.

What Our Clients Are Saying

Excellent5.0 Based on 371 reviews from review us onyessenia lopez ramosyessenia lopez ramos ★★★★★ I have know Attorney Will Ramos for many years. He is very detail oriented, a great advocate, and an empathetic individual.I have referred a few clients during their time of need over to Will and the friendly staff at Tona Law. He is willing to go above and beyond for others.CARLOS RODRIGUEZCARLOS RODRIGUEZ ★★★★★ I have known Will Ramos for 15 plus years and can attest to his character in placing the needs for others above his own. He is an asset to any organization and a team player with positive attitude.Jessica MalaveJessica Malave ★★★★★ I’ve known attorney Will Ramos for 16 years he always places the needs of others above his own. He is a caring man and super understanding and has a big heart.Bianca RamosBianca Ramos ★★★★★ Attorney Will Ramos is awesome the law firm is lucky to have someone like him part of their team. He genuinely cares for others and is always willing to lend a helping hand.Response from the ownerBianca, thank you for leaving a wonderful review for our firm. We are lucky to have Will Ramos as part of our team! Arianna RamosArianna Ramos ★★★★★ Attorney Will Ramos is nothing short of dedicated and hard working. Each case he works on demonstrates his passion for law and his care for his clients.Response from the ownerThank you for your review, Arianna! Will Ramos has been a wonderful asset to our team. JenneferJennefer ★★★★★ I've had the pleasure of knowing Lauren for quite a while now, and I must say, her dedication to her clients is truly remarkable. She takes immense pride in her work as a professional she seamlessly balances her role at Tona Law, where she's involved in legal matters. Having seen her commitment and skill firsthand, I can confidently recommend both Lauren and Tona Law to anyone seeking top-notch assistance.Celine Aubry-DumandCeline Aubry-Dumand ★★★★★ I had a great experience working with TonaLaw.The team was really friendly and helpful throughout the entire process.Response from the ownerCeline, thank you so much for taking the time to leave a review for our firm. We are so grateful we were able to help you and provide you with a great experience. Thank you! Adam OmallyAdam Omally ★★★★★ I have known Lauren one of the paralegals at Tona law for many years and she is dedicated to her profession and helping her clients. Wonderful person.Alexandra DevineAlexandra Devine ★★★★★ Lauren at TonaLaw was extremely helpful! She was so nice and professional. I highly recommend asking for her!Margaret CaschettaMargaret Caschetta ★★★★★ I have known Lauren for a long time and she’s always been dedicated to her job! Excellent at anything she’s ever done.NICOLE GUASTONICOLE GUASTO ★★★★★ Lauren’s great- reliable empathetic the whole package - years of knowing her I wouldn’t ask for anyone elseKeith MaederKeith Maeder ★★★★★ I have known Lauren, one of the paralegals, for many years. Her client first approach is second to none. She is knowledgeable and professional. She as an asset to both her clients and Tona Law.Emily PadillaEmily Padilla ★★★★★ Ana was super professional and very polite! Answered all the questions that was needed! Highly recommend, wish I can give 10 stars!Kailynn ApolinarisKailynn Apolinaris ★★★★★ Ana is amazing! As an old coworker I can say Ana is always ready to assist. She is a great asset to anyone lucky enough to work with her.Response from the ownerKailynn, thank you for leaving a wonderful review for our firm. Ana is truly a wonderful part of our team! peter alsenpeter alsen ★★★★★ In all of my dealings with the TonaLaw office, the lawyers and staff have been excellent.They have earned my confidence and trust.Response from the ownerWe are so pleased to hear that you’ve had such a great experience with our team. Your confidence and trust in our firm is greatly appreciated! Thank you so much for your review! Ashley VelazquezAshley Velazquez ★★★★★ Ana was knowledgeable, courteous & helpful throughout everything! She was willing to go the extra mile! It was a delight working with her. You’re in great hands when working with Ana!!Patty RivasPatty Rivas ★★★★★ The team is fantastic. I worked with Ana directly and appreciated how quickly she was able to respond back to me and provide efficient, excellent results. I would work with her again!Response from the ownerThank you so much for your kind words about Ana and the rest of our team! Patricia WernerPatricia Werner ★★★★★ Ana was phenomenal. What a great asset to Tona Law!joseph tonettijoseph tonetti ★★★★★ I have known Lauren one of the personal injury paralegals at Tonalaw for almost 20 years, having employed her for over a decade she is a hard worker and loves doing what she does. She has passion and strong dedication her clients. I highly recommend Tona Law.Response from the ownerLauren is a valuable asset to the TonaLaw team. She is extremely passionate and dedicated to our clients. Thank you so much for your kind words and recommendation! Rigoberto LazoRigoberto Lazo ★★★★★ Ana is such a great asset to Tonalaw. She is a very hard worker and always dedicated to her clients. She is also very empathetic and kind hearted. Her goal is always to have 100% client satisfaction and she will make sure you have that. You are in great hands at Tonalaw!Response from the ownerThank you so much for taking the time to leave our firm a thoughtful review! Ana is truly dedicated to our clients and the work we do here at TonaLaw. We are grateful to have her on our team! Melissa RivasMelissa Rivas ★★★★★ Ana is wonderful! Always eager to please her client and does great work. Very happy she’s a part of Tona Law.Kristine ForteKristine Forte ★★★★★ I am so happy I used Tonalaw. I spoke with Lauren and Jada who are amazing. Any questions I had they answered and I felt the compassion and understanding they have for me. I highly recommend using tonalaw.Mona MichelMona Michel ★★★★★ sean2844sean2844 ★★★★★ I have known Lauren one of the paralegals at Tona Law and she is extremely dedicated to her profession. She is very helpful to her clients and an asset to the firm.sorivel gulottasorivel gulotta ★★★★★ Thank you Lauren for all of your help! You are always ready for any challenge and willing to answer any questions. Always professional, informative and kind. Will highly recommend!js_loader