Multiple parties can be legally responsible for construction defects, including general contractors, subcontractors, architects, engineers, and material manufacturers. It typically depends on the nature and cause of the defect--especially if it causes an accident.
One example of a construction defects' consequences is the Surfside condominium collapse in Florida, where long-term structural issues, including water infiltration and corrosion, contributed to the building's failure, claiming 98 lives. This case resulted in a $1.02 billion settlement, with liability shared among developers, contractors, and engineering firms. The tragic June 2021 incident demonstrates the severe financial, legal, and human costs of construction defects.
When construction defects lead to injuries or fatalities, a victim may be eligible to pursue a personal injury claim. Identifying who contributed to the defect is critical so the affected parties may receive compensation for their medical expenses, lost wages, or wrongful death claims.
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General contractors oversee the construction process and are responsible for ensuring the project is built safely and according to code. If they fail to meet these obligations, defects that compromise safety—such as unstable scaffolding or improperly installed structural supports—can lead to serious injuries or fatalities.
Their liability typically extends to:
For example, if a balcony collapses due to poor construction oversight, injuring workers or residents, the general contractor may be held liable, even if subcontractors performed the faulty work.
Under New York law, contractors must ensure that work is done skillfully. This principle is supported by the case Caceci v. DiCanio Construction Corp., 72 N.Y.2d 52 (1988), which established that homeowners are automatically guaranteed that construction work will meet professional standards and be free of material defects and flaws, even if this promise isn’t written into the contract.
Architects and engineers are responsible for designing buildings that are structurally sound and meet safety standards.
Design defects—like miscalculated load-bearing capacities or inadequate safety features—can result in catastrophic failures.
For instance, adequate structural design for a parking garage may cause a collapse, leading to injuries or deaths. In such cases, the architect or engineer could be held accountable for their failure to exercise reasonable care.
Many construction projects involve multiple subcontractors, each responsible for a specialized portion of the work—such as electrical, plumbing, or HVAC. They are often directly involved in tasks that can pose risks if done improperly. Defective workmanship can create hazards like fires, flooding, or gas leaks.
Examples:
New York law makes it clear that subcontractors cannot escape liability for their negligence. In Wright v. Belt Associates, Inc., 14 N.Y.2d 129 (1964), the court held that subcontractors owe a duty of care to perform their work safely and competently, and they can be held liable if their actions directly cause harm.
If injuries result from defective materials—such as faulty beams, crumbling concrete, or fire-prone insulation—the product manufacturer may share responsibility. Manufacturers are held to strict liability standards, meaning they can be accountable even if negligence isn’t proven.
For example, a defective fireproofing material fails during a fire, resulting in preventable deaths. The manufacturer could be held liable for the product’s failure.
Due to the nature of injuries or fatalities caused by construction defects, liability often involves several people and entities. For example, a building collapse could result from a combination of poor design (engineer/architect), improper execution (general contractor/subcontractor), and defective materials (manufacturer).
Given how complicated these cases can be, having an experienced construction lawyer on your side is important. They can help figure out who is responsible, gather evidence, and fight to get you the compensation you need.
Construction defects can take many forms, and identifying the type of defect is a critical step in determining liability. Defects are typically grouped into several categories based on their origin, such as design, material, or workmanship issues.
Additionally, defects are often classified as either obvious or latent, depending on when they are discovered. These classifications overlap, as obvious or latent defects can stem from any of the origin-based categories. Let's take a look at four common categories:
Design defects happen when architectural or engineering plans are flawed or fail to meet required standards. These defects often include:
Architects and engineers are responsible for creating plans that comply with building codes and meet industry standards. If their designs fall short and lead to structural issues, safety concerns, or property damage, they can be held legally accountable for the resulting problems.
Examples include poorly designed support beams or inadequate load-bearing walls, which could compromise the structural integrity of the building.
Material defects occur when the products used in construction are inherently flawed or fail to perform as expected. Examples include:
Manufacturers are responsible for ensuring their products meet safety and performance standards. If defective materials cause structural or functional problems, the manufacturer can be held liable for the defect and any resulting damage, such as leaks or compromised structural integrity.
Material defects often arise from using cheaper, non-compliant materials to cut costs.
Workmanship defects happen when construction work is done poorly, carelessly, or not according to industry standards. Common issues include:
These are often due to contractors not following best practices or cutting corners to save costs. For example, improperly installed windows may lead to water infiltration, causing extensive damage over time.
If substandard workmanship results in a defect, the responsible party may be held accountable for repairs or damages.
Construction defects are categorized as either obvious or latent based on when and how they are discovered:
| Obvious Defects | These are immediately visible during or shortly after construction. Examples include: - Cracked walls. - Uneven surfaces. - Gaps in window seals. Obvious defects are typically easier to address because they can be spotted during final inspections or walkthroughs. They often result from design errors, material issues, or poor workmanship. |
| Latent Defects | These are hidden issues that may not become apparent for months or even years after construction is completed. Examples: - Faulty wiring inside walls. - Weak structural supports that degrade over time. - Water damage caused by improper drainage systems. Latent defects are more challenging because they often require detailed investigation to identify the cause and responsible party. |
If you discover a construction defect, it is critical to take immediate action to protect your rights and build a strong case. Here are the first steps you should consider:
If someone is injured, seek medical attention immediately. Prompt treatment not only protects your health but also creates a medical record that can support your legal claim.
Additionally, hire a professional, such as a structural engineer or construction inspector, to evaluate the defect. Their assessment can determine whether the issue stems from faulty materials, design flaws, or poor construction practices. An expert report adds credibility to your case and is often a requirement for legal action.
Take clear photos of the defect from multiple angles. Also, document any injuries caused by the defect, such as bruises, broken bones, or burns. Include photos of the injuries, medical reports, and eyewitness accounts if possible. Write down detailed notes about the incident, including when and where it happened, how it occurred, and any immediate effects.
In addition to documenting the defect, gather related documents such as construction contracts, permits, and building plans. These records may help establish responsibility later.
Notify the builder, contractor, or architect in writing as soon as possible. Include details about the defect, the injuries it caused, and any immediate impacts. Keep copies of all correspondence. Many jurisdictions require written notice as a first step in pursuing a formal claim, so don’t skip this step.
For legal claims involving serious injuries, expert witnesses are often necessary to establish liability. Structural engineers, architects, or materials specialists can analyze the defect, explain how it violated industry standards or codes, and recommend remediation steps. Their testimony may be crucial in proving fault and securing compensation.
Keep thorough records to strengthen your case. Along with photographs, videos, and inspection reports, include:
A well-organized timeline of events, evidence of the defect, and proof of injury will help establish who is responsible and the full extent of the damages.
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The time you have to report a defect and take legal action depends on your state’s laws, so it’s important to act quickly if the defect has caused injuries or fatalities. Deadlines for filing a claim are strict, and missing them could mean losing your ability to seek compensation.
Here are the key time limits to keep in mind:
The statute of limitations sets the time limit for filing a legal claim after an injury occurs or when it reasonably should have been discovered. In most states, this period ranges from two to six years, depending on the type of claim:
| Claim | Description |
| Personal Injury Claims | In New York, claims based on negligence (e.g., injuries from unsafe construction) typically have a three-year statute of limitations from the date of the injury. |
| Wrongful Death Claims | In New York, wrongful death claims must be filed within two years of the date of death. |
| Breach of Contract Claims | Claims related to contract violations, such as failure to meet safety standards, often have a six-year statute of limitations in New York. |
Failing to file within these timeframes could result in your case being dismissed, no matter how serious the injury or defect.
Some states require that you notify the responsible party—such as the contractor, architect, or material manufacturer—within a specific timeframe after discovering the defect. These notice requirements may precede the filing of a formal claim and serve as an opportunity for the responsible party to address the issue before legal action is taken.
Florida, for example, requires homeowners to send written notice of defects at least 60 days before filing a lawsuit. While New York does not have a specific statutory notice period for all construction defect cases, many contracts include clauses requiring notice within a certain timeframe, such as 30 to 90 days after discovering the defect.
Failing to provide timely notice can weaken or invalidate your claim, particularly in cases where injuries are involved.
At the Porter Law Group, we have extensive experience handling construction cases, including those that result in serious injuries or tragic losses.
If you or a loved one has been injured due to a construction defect, our expert personal injury lawyers will fight to hold negligent parties accountable and secure the compensation you deserve for medical bills, lost wages, and other damages.
You don’t pay unless we win your case.
Contact us today for a free, no-obligation case evaluation. Call us toll-free at 833-PORTER9 or email info@porterlawteam.com to schedule your consultation.
