New York Construction Defect Statute
There is no statute of repose in New York for construction claims. A cause of action based on a theory of simple negligence and brought by a third party (i.e., not the owner of a building) against a design professional or construction contractor is governed by a 3 year statute of limitations, and the cause of action does not accrue until the injury occurs. There is an additional notice requirement for claims against design professionals (including construction managers that have a design component in their contract) arising out of injuries that occur more than 10 years after the completion of construction. See N.Y. C.P.L.R. § 214-d. Although there is an expedited procedure for claims brought more than 10 years after the completion of the design professional’s or contractor’s work, contractors/design professionals remain answerable to negligence claims commenced indefinitely after project completion. Note, however, that an owner’s cause of action accrues against a builder upon completion of construction.