S T A T E O F N E W Y O R K
________________________________________________________________________
8731
I N S E N A T E
January 7, 2026
___________
Introduced by Sen. MAY -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to certain
actions arising from construction defects in condominiums
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The civil practice law and rules is amended by adding a new
article 14-B to read as follows:
ARTICLE 14-B
CONDOMINIUM CONSTRUCTION DEFECT ACTIONS
SECTION 1450. LEGISLATIVE DECLARATION.
1451. DEFINITIONS.
1452. LIST OF DEFECTS REQUIRED.
1453. NOTICE OF CLAIM PROCESS.
1454. RESTRICTION ON CONSTRUCTION DEFECT NEGLIGENCE CLAIMS.
1455. EXPRESS WARRANTY; NOT AFFECTED.
§ 1450. LEGISLATIVE DECLARATION. THE LEGISLATURE HEREBY FINDS,
DECLARES, AND DETERMINES THAT CHANGES IN THE LAW ARE NECESSARY AND
APPROPRIATE CONCERNING ACTIONS CLAIMING DAMAGES, INDEMNITY, OR CONTRIB-
UTION IN CONNECTION WITH ALLEGED CONSTRUCTION DEFECTS. IT IS THE INTENT
OF THE LEGISLATURE THAT THIS ARTICLE APPLY TO THESE TYPES OF CIVIL
ACTIONS WHILE PRESERVING ADEQUATE RIGHTS AND REMEDIES FOR CONDOMINIUM
OWNERS WHO BRING AND MAINTAIN SUCH ACTIONS.
§ 1451. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
(A) "ACTION" MEANS A CIVIL ACTION OR AN ARBITRATION PROCEEDING FOR
DAMAGES, INDEMNITY, OR CONTRIBUTION BROUGHT AGAINST A CONSTRUCTION
PROFESSIONAL TO ASSERT A CLAIM, COUNTERCLAIM, CROSS-CLAIM, OR THIRD-PAR-
TY CLAIM FOR DAMAGES OR LOSS TO, OR THE LOSS OF USE OF, REAL OR PERSONAL
PROPERTY OR PERSONAL INJURY CAUSED BY A DEFECT IN THE DESIGN OR
CONSTRUCTION OF AN IMPROVEMENT TO A CONDOMINIUM.
(B) "ACTUAL DAMAGES" MEANS THE FAIR MARKET VALUE OF THE CONDOMINIUM
WITHOUT THE ALLEGED CONSTRUCTION DEFECT, THE REPLACEMENT COST OF THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14201-03-6
S. 8731 2
CONDOMINIUM, OR THE REASONABLE COST TO REPAIR THE ALLEGED CONSTRUCTION
DEFECT, WHICHEVER IS LESS, TOGETHER WITH RELOCATION COSTS, AND, WITH
RESPECT TO RESIDENTIAL PROPERTY, OTHER DIRECT ECONOMIC COSTS RELATED TO
LOSS OF USE, IF ANY, INTEREST AS PROVIDED BY LAW, AND SUCH COSTS OF SUIT
AND REASONABLE ATTORNEY FEES AS MAY BE AWARDABLE PURSUANT TO CONTRACT OR
APPLICABLE LAW. "ACTUAL DAMAGES" AS TO PERSONAL INJURY MEANS THOSE
DAMAGES RECOVERABLE BY LAW.
(C) "CLAIMANT" MEANS A PERSON OTHER THAN THE ATTORNEY GENERAL OR THE
DISTRICT ATTORNEYS OF THE JUDICIAL DISTRICTS OF THE STATE WHO ASSERTS A
CLAIM AGAINST A CONSTRUCTION PROFESSIONAL THAT ALLEGES A DEFECT IN THE
CONSTRUCTION OF AN IMPROVEMENT TO A CONDOMINIUM.
(D) "CONSTRUCTION PROFESSIONAL" MEANS AN ARCHITECT, CONTRACTOR,
SUBCONTRACTOR, DEVELOPER, BUILDER, BUILDER VENDOR, ENGINEER, OR INSPEC-
TOR PERFORMING OR FURNISHING THE DESIGN, SUPERVISION, INSPECTION,
CONSTRUCTION, OR OBSERVATION OF THE CONSTRUCTION OF ANY IMPROVEMENT TO A
CONDOMINIUM. IF THE IMPROVEMENT TO A CONDOMINIUM IS TO A COMMERCIAL
PROPERTY, THE TERM "CONSTRUCTION PROFESSIONAL" SHALL ALSO INCLUDE ANY
PRIOR OWNER OF THE COMMERCIAL PROPERTY, OTHER THAN THE CLAIMANT, AT THE
TIME THE WORK WAS PERFORMED. AS USED IN THIS SUBDIVISION, "COMMERCIAL
PROPERTY" MEANS PROPERTY THAT IS ZONED TO PERMIT COMMERCIAL, INDUSTRIAL,
OR OFFICE TYPES OF USE.
(E) "NOTICE OF CLAIM" MEANS A WRITTEN NOTICE SENT BY A CLAIMANT TO THE
LAST KNOWN ADDRESS OF A CONSTRUCTION PROFESSIONAL AGAINST WHOM THE
CLAIMANT ASSERTS A CONSTRUCTION DEFECT CLAIM THAT DESCRIBES THE CLAIM IN
REASONABLE DETAIL SUFFICIENT TO DETERMINE THE GENERAL NATURE OF THE
DEFECT, INCLUDING A GENERAL DESCRIPTION OF THE TYPE AND LOCATION OF THE
CONSTRUCTION THAT THE CLAIMANT ALLEGES TO BE DEFECTIVE AND ANY DAMAGES
CLAIMED TO HAVE BEEN CAUSED BY THE DEFECT.
§ 1452. LIST OF DEFECTS REQUIRED. (A) IN ADDITION TO THE NOTICE OF
CLAIM REQUIRED BY SECTION FOURTEEN HUNDRED FIFTY-THREE OF THIS ARTICLE,
IN EVERY ACTION BROUGHT AGAINST A CONSTRUCTION PROFESSIONAL, THE CLAIM-
ANT SHALL FILE WITH THE COURT OR ARBITRATOR AND SERVE ON THE
CONSTRUCTION PROFESSIONAL AN INITIAL LIST OF CONSTRUCTION DEFECTS IN
ACCORDANCE WITH THIS SECTION.
(B) THE INITIAL LIST OF CONSTRUCTION DEFECTS SHALL CONTAIN A
DESCRIPTION OF THE CONSTRUCTION THAT THE CLAIMANT ALLEGES TO BE DEFEC-
TIVE. THE INITIAL LIST OF CONSTRUCTION DEFECTS SHALL BE FILED WITH THE
COURT AND SERVED ON THE DEFENDANT WITHIN SIXTY DAYS AFTER THE COMMENCE-
MENT OF THE ACTION OR WITHIN SUCH LONGER PERIOD AS THE COURT IN ITS
DISCRETION MAY ALLOW.
(C) THE INITIAL LIST OF CONSTRUCTION DEFECTS MAY BE AMENDED BY THE
CLAIMANT TO IDENTIFY ADDITIONAL CONSTRUCTION DEFECTS AS THEY BECOME
KNOWN TO THE CLAIMANT. IN NO EVENT SHALL THE COURT ALLOW THE CASE TO BE
SET FOR TRIAL BEFORE THE INITIAL LIST OF CONSTRUCTION DEFECTS IS FILED
AND SERVED.
(D) IF A SUBCONTRACTOR OR SUPPLIER IS ADDED AS A PARTY TO AN ACTION
UNDER THIS SECTION, THE CLAIMANT MAKING THE CLAIM AGAINST SUCH SUBCON-
TRACTOR OR SUPPLIER SHALL FILE WITH THE COURT AND SERVE ON THE DEFENDANT
AN INITIAL LIST OF CONSTRUCTION DEFECTS IN ACCORDANCE WITH THIS SECTION
WITHIN SIXTY DAYS AFTER SERVICE OF THE COMPLAINT AGAINST THE SUBCONTRAC-
TOR OR SUPPLIER OR WITHIN SUCH LONGER PERIOD AS THE COURT IN ITS
DISCRETION MAY ALLOW. IN NO EVENT SHALL THE FILING OF A DEFECT LIST
UNDER THIS SUBDIVISION DELAY THE SETTING OF THE TRIAL.
§ 1453. NOTICE OF CLAIM PROCESS. (A) NO LATER THAN SEVENTY-FIVE DAYS
BEFORE FILING AN ACTION AGAINST A CONSTRUCTION PROFESSIONAL, OR NO LATER
THAN NINETY DAYS BEFORE FILING THE ACTION IN THE CASE OF A COMMERCIAL
S. 8731 3
PROPERTY, A CLAIMANT SHALL SEND OR DELIVER A WRITTEN NOTICE OF CLAIM TO
THE CONSTRUCTION PROFESSIONAL BY CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, OR BY PERSONAL SERVICE.
(B) FOLLOWING THE MAILING OR DELIVERY OF THE NOTICE OF CLAIM, AT THE
WRITTEN REQUEST OF THE CONSTRUCTION PROFESSIONAL, THE CLAIMANT SHALL
PROVIDE THE CONSTRUCTION PROFESSIONAL AND ITS CONTRACTORS OR OTHER
AGENTS REASONABLE ACCESS TO THE CLAIMANT'S PROPERTY DURING NORMAL WORK-
ING HOURS TO INSPECT THE PROPERTY AND THE CLAIMED DEFECT. THE INSPECTION
SHALL BE COMPLETED WITHIN THIRTY DAYS OF SERVICE OF THE NOTICE OF CLAIM.
(C) WITHIN THIRTY DAYS FOLLOWING THE COMPLETION OF THE INSPECTION
PROCESS CONDUCTED PURSUANT TO SUBDIVISION (B) OF THIS SECTION, OR WITHIN
FORTY-FIVE DAYS FOLLOWING THE COMPLETION OF THE INSPECTION PROCESS IN
THE CASE OF A COMMERCIAL PROPERTY, A CONSTRUCTION PROFESSIONAL MAY SEND
OR DELIVER TO THE CLAIMANT, BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED,
OR PERSONAL SERVICE, AN OFFER TO SETTLE THE CLAIM BY PAYMENT OF A SUM
CERTAIN OR BY AGREEING TO REMEDY THE CLAIMED DEFECT DESCRIBED IN THE
NOTICE OF CLAIM. A WRITTEN OFFER TO REMEDY THE CONSTRUCTION DEFECT SHALL
INCLUDE A REPORT OF THE SCOPE OF THE INSPECTION, THE FINDINGS AND
RESULTS OF THE INSPECTION, A DESCRIPTION OF THE ADDITIONAL CONSTRUCTION
WORK NECESSARY TO REMEDY THE DEFECT DESCRIBED IN THE NOTICE OF CLAIM AND
ALL DAMAGE TO THE IMPROVEMENT TO THE CONDOMINIUM CAUSED BY THE DEFECT,
AND A TIMETABLE FOR THE COMPLETION OF THE REMEDIAL CONSTRUCTION WORK.
(D) UNLESS A CLAIMANT ACCEPTS AN OFFER MADE PURSUANT TO SUBDIVISION
(C) OF THIS SECTION IN WRITING WITHIN FIFTEEN DAYS OF THE DELIVERY OF
THE OFFER, THE OFFER SHALL BE DEEMED TO HAVE BEEN REJECTED.
(E) A CLAIMANT WHO ACCEPTS A CONSTRUCTION PROFESSIONAL'S OFFER TO
REMEDY OR SETTLE BY PAYMENT OF A SUM CERTAIN A CONSTRUCTION DEFECT CLAIM
SHALL DO SO BY SENDING THE CONSTRUCTION PROFESSIONAL A WRITTEN NOTICE OF
ACCEPTANCE NO LATER THAN FIFTEEN DAYS AFTER RECEIPT OF THE OFFER. IF AN
OFFER TO SETTLE IS ACCEPTED, THEN THE MONETARY SETTLEMENT SHALL BE PAID
IN ACCORDANCE WITH THE OFFER. IF AN OFFER TO REMEDY IS ACCEPTED BY THE
CLAIMANT, THE REMEDIAL CONSTRUCTION WORK SHALL BE COMPLETED IN ACCORD-
ANCE WITH THE TIMETABLE SET FORTH IN THE OFFER UNLESS THE DELAY IS
CAUSED BY EVENTS BEYOND THE REASONABLE CONTROL OF THE CONSTRUCTION
PROFESSIONAL.
(F) IF NO OFFER IS MADE BY THE CONSTRUCTION PROFESSIONAL OR IF THE
CLAIMANT REJECTS AN OFFER, THE CLAIMANT MAY BRING AN ACTION AGAINST THE
CONSTRUCTION PROFESSIONAL FOR THE CONSTRUCTION DEFECT CLAIM DESCRIBED IN
THE NOTICE OF CLAIM, UNLESS THE PARTIES HAVE CONTRACTUALLY AGREED TO A
MEDIATION PROCEDURE, IN WHICH CASE THE MEDIATION PROCEDURE SHALL BE
SATISFIED PRIOR TO BRINGING AN ACTION.
(G) IF AN OFFER BY A CONSTRUCTION PROFESSIONAL IS MADE AND ACCEPTED,
AND IF THEREAFTER THE CONSTRUCTION PROFESSIONAL DOES NOT COMPLY WITH ITS
OFFER TO REMEDY OR SETTLE A CLAIM FOR A CONSTRUCTION DEFECT, THE CLAIM-
ANT MAY FILE AN ACTION AGAINST THE CONSTRUCTION PROFESSIONAL FOR CLAIMS
ARISING OUT OF THE DEFECT OR DAMAGE DESCRIBED IN THE NOTICE OF CLAIM
WITHOUT FURTHER NOTICE.
(H) AFTER THE SENDING OF A NOTICE OF CLAIM, A CLAIMANT AND A
CONSTRUCTION PROFESSIONAL MAY, BY WRITTEN MUTUAL AGREEMENT, ALTER THE
PROCEDURE FOR THE NOTICE OF CLAIM PROCESS DESCRIBED IN THIS SECTION.
(I) ANY ACTION COMMENCED BY A CLAIMANT WHO FAILS TO COMPLY WITH THE
REQUIREMENTS OF THIS SECTION SHALL BE STAYED, WHICH STAY SHALL REMAIN IN
EFFECT UNTIL THE CLAIMANT HAS COMPLIED WITH THE REQUIREMENTS OF THIS
SECTION.
(J) A CLAIMANT MAY AMEND A NOTICE OF CLAIM TO INCLUDE CONSTRUCTION
DEFECTS DISCOVERED AFTER THE SERVICE OF THE ORIGINAL NOTICE OF CLAIM.
S. 8731 4
HOWEVER, THE CLAIMANT MUST OTHERWISE COMPLY WITH THE REQUIREMENTS OF
THIS SECTION FOR THE ADDITIONAL CLAIMS.
(K) FOR PURPOSES OF THIS SECTION, ACTUAL RECEIPT BY ANY MEANS OF A
WRITTEN NOTICE, OFFER, OR RESPONSE PREPARED PURSUANT TO THIS SECTION
WITHIN THE TIME PRESCRIBED FOR DELIVERY OR SERVICE OF THE NOTICE, OFFER,
OR RESPONSE SHALL BE DEEMED TO BE SUFFICIENT DELIVERY OR SERVICE.
(L) A CLAIMANT SHALL NOT RECOVER MORE THAN ACTUAL DAMAGES IN AN
ACTION.
§ 1454. RESTRICTION ON CONSTRUCTION DEFECT NEGLIGENCE CLAIMS. (A) NO
NEGLIGENCE CLAIM SEEKING DAMAGES FOR A CONSTRUCTION DEFECT MAY BE
ASSERTED IN AN ACTION IF SUCH CLAIM ARISES FROM THE FAILURE TO CONSTRUCT
AN IMPROVEMENT TO THE CONDOMINIUM IN SUBSTANTIAL COMPLIANCE WITH AN
APPLICABLE BUILDING CODE OR INDUSTRY STANDARD; EXCEPT THAT SUCH CLAIM
MAY BE ASSERTED IF SUCH FAILURE RESULTS IN ONE OR MORE OF THE FOLLOWING:
1. ACTUAL DAMAGE TO REAL OR PERSONAL PROPERTY;
2. ACTUAL LOSS OF THE USE OF REAL OR PERSONAL PROPERTY;
3. BODILY INJURY OR WRONGFUL DEATH; OR
4. A RISK OF BODILY INJURY OR DEATH TO, OR A THREAT TO THE LIFE,
HEALTH, OR SAFETY OF, THE OCCUPANTS OF THE RESIDENTIAL CONDOMINIUM.
(B) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT, LIMIT, OR
IMPAIR THE FOLLOWING:
1. THE ASSERTION OF TORT CLAIMS OTHER THAN CLAIMS FOR NEGLIGENCE;
2. THE ASSERTION OF CONTRACT OR WARRANTY CLAIMS; OR
3. THE ASSERTION OF CLAIMS THAT ARISE FROM THE VIOLATION OF ANY STAT-
UTE OR ORDINANCE OTHER THAN CLAIMS FOR VIOLATION OF A BUILDING CODE.
§ 1455. EXPRESS WARRANTY; NOT AFFECTED. THE PROVISIONS OF THIS ARTICLE
ARE NOT INTENDED TO ABROGATE OR LIMIT THE PROVISIONS OF ANY EXPRESS
WARRANTY OR THE OBLIGATIONS OF THE PROVIDER OF SUCH WARRANTY. THE
PROVISIONS OF THIS ARTICLE SHALL APPLY TO THOSE CIRCUMSTANCES WHERE AN
ACTION IS FILED ASSERTING ONE OR MORE CLAIMS FOR RELIEF INCLUDING A
CLAIM FOR BREACH OF WARRANTY. THE PROVISIONS OF THIS ARTICLE SHALL NOT
BE DEEMED TO REQUIRE A CLAIMANT WHO IS THE BENEFICIARY OF AN EXPRESS
WARRANTY TO COMPLY WITH THE NOTICE PROVISIONS OF SECTION FOURTEEN
HUNDRED FIFTY-THREE OF THIS ARTICLE TO REQUEST ORDINARY WARRANTY SERVICE
IN ACCORDANCE WITH THE TERMS OF SUCH WARRANTY. A CLAIMANT WHO REQUIRES
WARRANTY SERVICE SHALL COMPLY WITH THE PROVISIONS OF SUCH WARRANTY.
§ 2. This act shall take effect immediately.
