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

TonaLawExcellentTonaLaw5.0 Based on 396 reviews fromSee all reviews review us onRose FrancisqueRose Francisque ★★★★★ Kj MuchKj Much ★★★★★ The whole team has been extremely passionate, caring and understanding thru this whole process. This was a first for me. The firm came highly recommended thank you Ralph.Special thanks to Jayda a Ana. Thanks again.RONZA DIGIORGIORONZA DIGIORGIO ★★★★★ I was referred to Tona law by a friend following a horrific accident. Mr. Tona himself called me immediately from his family vacation and set me up with a team of professional , caring people that guided me through my recovery every step of the way. I would give 10 stars if i could !Muhammad KhanMuhammad Khan ★★★★★ Jayda and laureen are so nice and professional and they really helped me from start to finish and they always respond me back. Please get help from tonalaw if you need any in regards to accidents. ThanksRoxana PachecoRoxana Pacheco ★★★★★ My father, seek them out for a case in December and Ana has been fantastic. Ana has reassured all his concerns and has been nothing but amazing with any follow up questions that we have had. Besides being very compassionate, and friendly she’s also bilingual! Definitely would recommend anyone to TonaLaw!Response from the ownerThank you so much for your review! We're thrilled to hear about your positive experience with Ana and how she has been able to address all of your concerns with care and professionalism. We sincerely appreciate your recommendation and are here for any further assistance you might need. Best wishes from the TonaLaw team! Anthal ArizagaAnthal Arizaga ★★★★★ Penelope is so helpful and very easy to talk too, I’d recommended this law firm to anyone who is involved in an accident! You will be taken care of!Response from the ownerThank you so much for your wonderful review and recommendation! David KesslerDavid Kessler ★★★★★ Excellent law firm. Top notch attorneys and the friendliest receptionist Robin who was my first contact with the firm and her reception of me made me feel that I had made the right decision in finding a firm with people who really cared about meVanessa LopezVanessa Lopez ★★★★★ I have known Lauren for years and can confidently say, she goes above and beyond for her clients. She is always willing to help and go the extra mile and it is so very appreciated!Response from the ownerVanessa, thank you so much for this wonderful review! Julee HutchisonJulee Hutchison ★★★★★ I was given the opportunity to create and produce a newsletter for TonaLaw. Juliet Accomando directed the project and I found the whole experience to be very professional and well organized. Juliet was receptive to design ideas, responsive to emails and appreciative of our working relationship. It was a pleasure to work with TonaLaw. I look forward to future projects.Response from the ownerThank you so much for taking the time to leave such a fantastic review! We are thrilled to hear that you enjoyed the experience of creating the newsletter for TonaLaw. We truly appreciate your kind words about Juliet as well. We are equally excited about our upcoming projects! Marina DelfelMarina Delfel ★★★★★ Tona Law has been wonderful and so, so easy to work with! The entirety of my time working with them, their team has been extremely professional, kind and dedicated! I am so happy to have gotten to work with such an amazing team!Response from the ownerWe're incredibly grateful for your kind words about your experience working with Tona Law. Thank you so much Marina! Lydia KaboolianLydia Kaboolian ★★★★★ Response from the ownerThank you for your review! Karen RadoslovichKaren Radoslovich ★★★★★ My interactions with Janira have been wonderful! She's always upbeat, knowledgeable, 100% approachable....and thinking out of the box. I look forward to working with her on many future projects.Response from the ownerThank you so much for taking the time to share your positive experience with Janira! We're thrilled to hear that your interactions with her have been wonderful. Your kind words mean a lot to us and motivate us to keep exceeding expectations. Robert J McCarrollRobert J McCarroll ★★★★★ Everything I've had to do with the firm is positive. Everyone at Tona Law has always been a pleasure to work with and very prompt and professional. I look forward to serving them again!Response from the ownerThank you for leaving such a wonderful review about our team. We appreciate your kind words! Daniel FeimanDaniel Feiman ★★★★★ Everyone at Tona Law is great to work with. I enjoy all of our interactions.Response from the ownerThank you so much for your kind words! We truly appreciate you taking the time to leave us a review, and it means a lot to hear that you enjoy our interactions. Ed AlexanderEd Alexander ★★★★★ Tom is a great lawyer, but more importantly, Tom is a relatable person. My friend and colleague for over a decade, I’ve watched his dynamic entrepreneurial take-charge style develop a hard charging firm with a supportive culture and a team that does excellent work, achieves great results, and truly cares about clients. Tom’s energy is contagious – I always get a boost when I spend time with him. I highly recommend Tona Law.Response from the ownerEd, thank you so much for this amazing review. Your recognition of our hard work means the world to us especially because we pride ourselves on our client care and results. We appreciate your recommendation! MJPT-1MJPT-1 ★★★★★ Working with TonaLaw has been a wonderful experience. The kind staff which I am very pleased with is always professional and attentive. I highly recommend!Response from the ownerYour kind words about our team truly warm our hearts! We strive to provide a professional and attentive experience for every client, and it's so rewarding to know we're succeeding. Thank you for choosing TonaLaw and for the wonderful recommendation! Mitchell YorkMitchell York ★★★★★ Tom Tona and all the professionals at Tona Law have a deep commitment for fighting for what’s right. The firm is relentlessly focused on their clients’ cases, as a matter of empathy and professional pride. The company is process driven and disciplined in everything they do.Response from the ownerThank you for your wonderful 5-star review! Your acknowledgment of our dedication and disciplined approach truly means a lot to us. We remain committed to delivering the best for our clients and are grateful for your trust and support. Vanessa VajkoVanessa Vajko ★★★★★ TonaLaw has an amazing scholarship program opportunity for fellow veterans and incredibly kind people to talk with! The application process was also fairly prompt and seamless. I am so grateful for this scholarship and highly recommend that other veterans get on board with applying. Thank you again!!! :)Response from the ownerThank you for applying to our scholarship and for sharing your experience! It is a pleasure to be able to assist you in your education journey. Thank you for leaving such a thoughtful review and thank you for your service! Jennifer CaceresJennifer Caceres ★★★★★ I highly recommend using tonalaw. Lauren and Jada are amazing. Any questions or concerns I had they answered. I am happy I choose tonalaw .Response from the ownerThank you so much for your review Jennifer! We are so glad to hear that you were pleased with our responsiveness and thoroughness in addressing your questions and concerns. Your feedback is invaluable to us, and we are committed to providing our clients with the best possible legal representation. Thank you again for your kind words. We are honored to have you as a client. Carlos UmanaCarlos Umana ★★★★★ Excelente atención buena comunicación contestan mis preguntas con sinceridadResponse from the ownerThank you so much for your review Carlos! Your feedback is invaluable to us, and we will continue to strive to provide you and all of our customers with the outstanding service you deserve. Yanira Del ValleYanira Del Valle ★★★★★ Mr. Tona is such a wonderful human and attorney. So helpful, without a second thought, he shares his knowledge and experience. He helps makes this Plaintiff community a better one. Thank you!!!Response from the ownerThank you Yanira! It was so great meeting you. Marvin SortoMarvin Sorto ★★★★★ TonaLaw is a very reputable firm. Ana is such a great asset to the firm. She is also bilingual with many years of experienceResponse from the ownerThank you for your kind words Marvin! gary gundersengary gundersen ★★★★★ I’ve been to tona law several times already and I’ve had the pleasure to deal with Ana both time and she was amazing. Made sure all paperwork was in order and is super thorough with everything. Highly recommendedResponse from the ownerThank you so much for taking the time to share your positive experience with us at Tona Law. We are so glad to hear that you were pleased with the services provided by Ana. We are committed to providing our clients with the highest quality legal representation, and we are always striving to exceed expectations. Jennifer PorterJennifer Porter ★★★★★ Tom Tona puts so much emphasis and effort into developing a fantastic law firm, delivering excellent results for their clients and also staying at the forefront of law firm management skills. I am super impressed by my conversation and interaction with Tom and am happy to recommend him!Response from the ownerJennifer, thank you so much for this wonderful review. We are delighted to hear that you were impressed with your conversation and interaction with Tom. We strive to provide a positive and supportive experience for all of our clients, and we are so glad to hear you had such a positive interaction with Mr. Tona. Thank you again for your kind words. Janet SowinskiJanet Sowinski ★★★★★ Lauren, one of the paralegals at Tona Law is very knowledgeable, compassionate and very professional. She genuinely cares for her clients and is always willing to go the extra mile to help. Having known her for several years, i can confidently recommend both Lauren and Tona Law to anyone seeking great assistance.Carmen SandovalCarmen Sandoval ★★★★★ Quiero darles las gracias por haberme representado en mi caso, felizmente estos abogados lograron ganar ni caso, y estoy muy satisfecha por su gran trabajo, hablan español y la señorita Ana es muy atenta y cordial y amable con sus clientes, muchisinas gracias x sus servicios ademas de ser rapidos, nos ayudan mucho especialmente a las personas qué sólo hablamos español, les recomiendo este servicio de abogados muy honestos. Muchas gracias👌😘Miguel MenaMiguel Mena ★★★★★ Ana is extremely knowledgeable and a great asset to your firm! Definitely will be coming back.Sandie RivasSandie Rivas ★★★★★ Ana is amazing! Working with her was extremely enjoyable. She is a great asset to Tonalaw and always eager to help!Darwin RomeroDarwin Romero ★★★★★ Ana was an absolute pleasure. She was incredibly knowledgeable and thoughtful throughout the entire process. Highly recommend!Emma SortoEmma Sorto ★★★★★ Ana is a wonderful personal. She is very talented and very hardworking. Best thing is that she is bilingual! Always willing to help anyone who is in need of a hand! You are in great hands at Tona Law!nicole garcianicole garcia ★★★★★ Couldn’t recommend Lauren more!!! I’ve known Lauren for years, she is a dedicated, hard worker and is so professional when it comes to her job. She really cares about her clients and doing the best for them.Dolceprincipessa xoDolceprincipessa xo ★★★★★ I highly recommend Will Ramos as a lawyer. He is a true professional. He explained my options with me and was very accessible & kept me updated! I also had the pleasure of working with Jayden. She was great as well. They assisted with my case and helped me tremendously! Highly recommend :)yessenia 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. 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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!js_loader