Legal Question in Construction Law in New York

Contractor Liability

We are general contractors. We recently installed a bathroom according to the architects specifications. Soon after the installation, the tile cracked profusely. An engineer stated deflection of the joists as the cause of the cracking. If the floor is too heavy of a load for the joists, is the general contractor, the building or the architect liable for damages?


Asked on 8/15/06, 4:05 pm

2 Answers from Attorneys

Kevin Connolly Kevin J. Connolly

Re: Contractor Liability

As a general rule, if you built what the architect designed, you, as GC, are not responsible for a latent field condition that causes the work to fail. Distinguish the situation where, for example, the plans and specs call for a two-inch bed of mud, and you lay a four-inch bed without getting a written directive from the architect or owner. The contractor is not required to vet the architect's plans.

Don't forget that in a resiential project, you have only four months to file your lien. Also, don't forget that in a residential setting, you do not have the right to extend the lien for a second year by filing a notice: you have to either get a court order extending the lien or start your foreclosure within one year after you file the lien.

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Answered on 8/16/06, 8:04 am
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Contractor Liability

Question 1 is liable to whom? In general , or specifically for an injury or the collapse?

Question 2; who hired the engineer that gave the opinion and, and what did he say caused the joists to be deflected?

Assuming for arguments sake, they came that way, or were per spec, it could be the architect, owner, or GC based both on the contractual relationships. But if they were designed and installed per spec, not defective, it sounds like the architect's baby.

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Answered on 8/15/06, 11:12 pm


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