Bill > S08731

This bill establishes a new process for condominium owners to seek damages from construction professionals for defects in construction, defining key terms like "action" as a civil lawsuit or arbitration for damages related to construction defects, and "actual damages" as the lesser of the condominium's value without the defect, its replacement cost, or the cost to repair, plus other related economic losses. Before filing a lawsuit, a claimant must provide a written "notice of claim" detailing the defect and damages, and allow the construction professional to inspect the property; the professional then has a period to offer a settlement, either monetary or by agreeing to make repairs, which the claimant can accept or reject. If no settlement is reached, the claimant can proceed with a lawsuit, but must also provide an initial list of defects to the court and the construction professional within a specified timeframe, and this bill clarifies that negligence claims for construction defects are restricted unless they result in property damage, loss of use, bodily injury, or a risk to occupant safety, while not affecting other tort claims, contract claims, or express warranties.

Justice

https://www.nysenate.gov/legislation/bills/2025/S8731