Negligent Builder Property Damage Lawyer

When construction defects undermine your New York property’s safety, functionality, or market value, you need a New York negligent-builder property-damage attorney to protect your rights. Builder negligence can trigger costly repairs, lower resale prices, and create serious safety hazards.

Fighting for New York Property Owners Affected by Construction Defects

At Vargas Gonzalez Delombard, we are dedicated to helping New York property owners pursue compensation for damages caused by construction defects. Backed by over a decade of experience, our firm crafts tailored legal strategies, leverages deep knowledge of New York construction and insurance law, and maintains an unwavering commitment to results. If you’re battling a negligent builder, an insurance claim denial, or unresolved property damage, our legal team stands ready to fight for your rights. Contact us today to schedule a consultation.

Common Examples of Negligent Building Practices

Improper foundation work leading to cracks or differential settling that endanger structural integrity
Use of sub-standard materials or poor workmanship causing leaks, energy loss, or premature deterioration
Faulty waterproofing or drainage systems that allow water intrusion, promote mold, and weaken structural members
Substitution of cheaper, non-code-compliant components in violation of the NY Building Code (BC §28-101 et seq.)
Failure to follow electrical, plumbing, or mechanical code provisions, creating safety and fire hazards

What to Do if You Suspect Negligent Construction

Timely legal action protects your property rights and preserves crucial evidence that can strengthen your claim and maximize potential compensation. We recommend that you:

Document everything—photos, videos, inspection reports, and repair invoices
Notify the responsible parties in writing (builder, developer, subcontractors, insurer) and give them an opportunity to inspect
File a complaint with the NY Department of Buildings if code violations pose immediate safety risks
Consult VGD promptly to ensure filings occur within the applicable statutes of limitation and to evaluate claims under negligence, contract, and New York’s Housing Merchant Implied Warranty

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NY Laws Around Negligent Builder Property Damage

Negligent-builder property damage arises when contractors, developers, or other construction professionals on a New York City project fail to comply with the standards set by the NY Construction Codes (Title 28 - NEW YORK CITY CONSTRUCTION CODES). These defects can erode a property’s safety, functionality, and market value.

Additionally, New York relies on common-law causes of action (negligence, breach of contract, breach of warranty) and statutory protections. An example would be the Housing Merchant Implied Warranty Act, General Business Law Art. 36-B (NYS Open Legislation | NYSenate.gov - The New York State Senate).

Keep in mind, claims are time-sensitive; for example:

Professional negligence (architects/engineers) claims have a three-year statute of limitations (CPLR 214(6))
Breach of construction contract claims have a six-year statute of limitations (CPLR 213(2))

Potential Liability and Compensation

Because New York recognizes multiple theories of liability—negligence, breach of contract, breach of warranty, strict product liability, and insurer bad faith—owners can (and often should) name every actor whose decisions, materials, or oversight contributed to the defect.

Potentially liable parties may include:

Developers & project sponsors
General contractors
Subcontractors & specialty trades
Architects & engineers
Construction managers & site supervisors
Material suppliers & manufacturers
Insurers & sureties

In terms of compensation, New York follows a “make-whole” approach: courts award the sums needed to put the owner in the position the building would have been in had it been built correctly.

Most owners focus on four compensatory categories:

Cost of repair or completion: New York’s default measure is the “fair and reasonable market price” to correct or finish defective work.
Diminution in market value: If fixing the problem would create “economic waste” or the defect is minor compared with the repair cost, a court may instead award the difference between the property’s value as-built and its value had it been properly constructed.
Relocation and other out-of-pocket expenses: When severe defects force occupants to vacate during repairs, owners can seek reimbursement for temporary housing, storage, and moving costs, itemized as consequential damages, so long as they were foreseeable at contract formation.
Loss of use or lost income: New York also allows recovery of revenue lost or extra expenses incurred because the property (or a portion of it) could not be used, whether that means missed rental income, business-interruption losses, or additional financing charges.

Why You Need an NY Construction-Defect Lawyer

Pinpoint liability: Developers, GCs, subcontractors, design professionals, suppliers, and sureties can all be pursued under New York negligence, contract, and warranty law.
Maximize recovery: Counsel seeks the full cost of repair (or diminished value), plus relocation and lost-income damages allowed by NY courts.
Shift the expense: By triggering insurance and the Housing-Merchant Implied Warranty (GBL § 777-a), your lawyer makes negligent parties—not you—fund the fix.
Beat procedural traps: Attorneys track contract “right-to-cure” clauses, DOB notices, and the three-year (professional negligence) and six-year (contract) filing deadlines.
Prove the case: They retain engineers, architects, and cost experts to uncover hidden defects and present rock-solid evidence for settlement or trial.

How Vargas Gonzalez Delombard Supports New York Property Owners

Vargas Gonzalez Delombard assists property owners in recovering damages for construction defects caused by negligent New York builders, contractors, and designers. For decades, we have successfully secured significant recoveries for condominium boards, cooperatives, single-family homeowners, and commercial landlords. We provide tailored legal strategies since every project, contract, and defect profile is unique. Our team analyzes your purchase and construction agreements, applicable warranties, and any Alternative Dispute Resolution (ADR) or “right to cure” clauses. We then develop a litigation or settlement plan designed to maximize coverage and expedite repairs.

Importantly, we prioritize comprehensive representation. From early evidence preservation and Department of Buildings (DOB) complaints to insurance negotiations and trial, we pursue every liable party—developers, subcontractors, architects, insurers, and sureties—to ensure they pay for the full cost of repairs, relocation, and loss of use. Don't let negligent construction compromise your property's safety or value. Contact Vargas Gonzalez Delombard for a complimentary consultation in Manhattan, and let our team help you achieve full compensation and restore your building properly.