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New York Construction Law Blog

How much time do you have to sue for breach of contract in NY?

Posted by Karl Silverberg | Jun 21, 2023 | 0 Comments

Contracts are a necessary component of any construction project. From home construction to simple renovations or remodeling, pretty much every construction project is governed by some sort of contract. And if you get the contract aspect of things right, everything else is likely to go according to plan.

However, it is not unheard of for one party to fail to live up to their end of a deal. This can result in disappointment and significant financial losses. Consequently, lawsuits might rightfully follow.

Understanding breach of contract

If one party fails, without legal excuse, to fulfill any obligation that substantially impacts the rights of another party to the construction contract, they are deemed to have breached the contract in question. For instance, if a construction contract requires a contractor to complete a task within a specified time frame, their failure to follow through with this stipulation without a justifiable cause may amount to a breach. In this case, you may pursue the contractor for the resulting damages per New York law.

The statute of limitations for contractor lawsuits in New York

According to New York statute, you may file a breach of contract claim within six years from the date of the breach. However, if the contract stipulates that any action following a breach must be taken within a shorter time period, say one year, then the court will often uphold such a provision. For instance, if you hire a contractor to remodel your kitchen, and the contract stipulates that any breach-related legal action must be filed within six months of that breach, then you must act within the said period should you be dissatisfied with the work. If you file your lawsuit after the six-month period, your claim may be refused.

Protecting your interests

Construction projects can be both complex and resource intensive. If a contractor does not live up to their end of the bargain, you might have a compelling case against them. Learning more about New York's construction laws can help you protect your rights and interests when dealing with a construction contract dispute.

About the Author

Karl Silverberg

Karl Silverberg Contact Me: (631) 778-6077 Email me Practice Areas: Construction Law Biography Prior to law school, Mr. Silverberg worked as a professional engineer, and has eight years of experience working as a structural engineer on public sector transportation projects. Mr. Silver...


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