Legal Question in Construction Law in New York

construction errors

I�m currently having a home built in upstate NY by a builder who sells himself as an expert in the field. I found out through a home inspector that my windows, doors and water resistive barrier (Tyvek). Where not installed to manufactures installation instruction and the local building code. Thus voiding the manufactures warranties and products performance on the home. I called the town building inspector and he said he didn�t have the time to inspect every part of the project. Also my house is one of the last homes to be built in the neighborhood. Leading me to believe that all the homes are in violation. I�m currently trying to resolve this situation with the builder. I feel that they misrepresented themselves. What are my options. Whos looking out for the home owner.


Asked on 3/10/08, 8:16 am

1 Answer from Attorneys
Kevin Connolly Kevin J. Connolly

Re: construction errors

Oy.

Oy vey.

You got problems.

"I called the town building inspector and he said he didn�t have the time to inspect every part of the project."

Nope. Not his job.

If you have an architect whose scope of services includes construction administration ("CA"), it would be his job to exercise a certain degree of care to observe the work under construction so that he can say that the work is in general conformity with the contract documents.

And who is this "home inspector?" Really, you question leaves much unanswered. Like whether you have written contracts, and with whom and for what work and what manner of payment, quality assurance, and lien management you are using.

In a conventional deal, the primary duty to watch out for the home owner is the contractor, with an architect providing some measure of control, direction and restraint. But that requires writing the contracts that way, and the absence of any reference to a design professional in your question is chilling.

You need to meet with a lawyer who can review contracts, talk to "Home Inspector Man" and figure out if there even is a problem.

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Answered on 3/10/08, 8:59 am


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