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Rights and Responsibilities Related to Claims for Design and Construction Defects in New York

Know the steps that need to be taken when dealing with construction and design defects in New York.Defects and deficiencies in construction are an unfortunate reality. Considering the scope, complexity, necessary coordination, interdependency of tasks and systems, and myriad responsibilities spread among multiple parties, it is no wonder that things sometimes go wrong. But when they do, identifying the cause and knowing the rights and responsibilities of everyone involved is essential. This topic provides insight into the roles and responsibilities of design professionals, those performing the physical construction and suppliers of materials, and the extent to which the respective parties may bear responsibility for defects and deficiencies. The material also explains the types of claims that arise from construction and/or design defects, the possible claimants, limitations on claims, the applicable measure of damages, and possible defenses.


Runtime: 88 minutes
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Why Lorman?

Over 30 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Overview

  • Nobody's Perfect - the Standard of Performance
  • Identifying What Went Wrong - Poor Design, Faulty Construction, Faulty Materials
  • Determining Responsibility of Owner, Designer, Builder or Supplier/Manufacturer
  • Latent V. Patent Defects

Defects in Design

  • The Standard of Care
  • Architect's/Engineer's Liability for Design
  • Architect's/Engineer's Liability for Existing Conditions
  • The Betterment/Added Benefit Defense
  • Architect's/Engineer's Liability for Construction
  • Architect's/Engineer's Liability to Third-Parties

Defects in Workmanship

  • Contractor's Liability for Design
  • The Standard of Performance
  • Contractor's Liability to Third-Parties

Defective or Non-Conforming Materials

  • Identifying the Responsible Parties
  • Strict Liability and the Economic Loss Rule
  • Determining the Measure of Damages Cost of Replacement V. Difference in Value

Warranties

  • Types of Warranties
  • Rights Following Expiration

Statutes of Limitations

  • Claims Against Contractors
  • Claims Against Design Professionals
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Why Lorman?

Over 30 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, New Hampshire, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on September 15, 2017.

Call 1-866-352-9540 for further credit information.

  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Areas of Professional Practice for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • PA CLE 1.0
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
     
  • ICC 0.15
     
  • Lorman Education Services is an International Code Council Preferred Provider. This event is approved for 0.15 CEU's through ICC.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program format does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program format does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program format does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 30 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

John-Patrick Curran, Esq.

John-Patrick Curran, Esq.

Sive, Paget & Riesel P.C.

  • Partner with the firm of Sive, Paget & Riesel P.C.
  • Practice focuses on all aspects of environmental and construction law, representing residential, commercial and industrial real property owners, operators and developers, construction managers, contractors, design professionals, lenders, and state and local governmental and quasi-governmental entities
  • Conducts seminars and teaches courses on issues related to construction law, environmental law and renewable energy
  • Selected to Super Lawyers® (2014 to present)
  • Adjunct professor in Construction Law and Practice at the NYU School of Professional Studies, Schack Institute of Real Estate (2011 present)
  • Author of several publications related to the areas of environmental and construction law
  • Member of the New York State Bar Association
  • J.D. degree, St. John University School of Law
  • Can be contacted at [email protected], www.sprlaw.com or on Twitter® @SPRConstructLaw
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Why Lorman?

Over 30 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 399891
Published 2017
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