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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.
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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

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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Product ID: 399891
Published 2017
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