New York A 11065: Relates to certain actions arising from construction defects in condominiums

Bill Text

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A11065 Summary:

BILL NOA11065 

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SAME ASSAME AS S08731

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SPONSORLevenberg

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COSPNSR

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MLTSPNSR

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Add Art 14-B §§1450 - 1455, CPLR

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Provides for civil procedure under which a claimant may seek actual damages from a construction professional due to construction defects in a condominium.

Go to top A11065 Actions:

BILL NOA11065 

&nbsp

04/24/2026referred to judiciary

Go to topA11065 Committee&nbspVotes:

Go to topA11065 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA11065 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 11065

 IN ASSEMBLY

 April 24, 2026
 ___________

 Introduced by M. of A. LEVENBERG -- read once and referred 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:

 1 Section 1. The civil practice law and rules is amended by adding a new
 2 article 14-B to read as follows:

 3 ARTICLE 14-B
 4 CONDOMINIUM CONSTRUCTION DEFECT ACTIONS
 5 Section 1450. Legislative declaration.
 6 1451. Definitions.
 7 1452. List of defects required.
 8 1453. Notice of claim process.
 9 1454. Restriction on construction defect negligence claims.
 10 1455. Express warranty; not affected.

 11 § 1450. Legislative declaration. The legislature hereby finds,
 12 declares, and determines that changes in the law are necessary and
 13 appropriate concerning actions claiming damages, indemnity, or contrib-
 14 ution in connection with alleged construction defects. It is the intent
 15 of the legislature that this article apply to these types of civil
 16 actions while preserving adequate rights and remedies for condominium
 17 owners who bring and maintain such actions.
 18 § 1451. Definitions. For the purposes of this article:
 19 (a) "Action" means a civil action or an arbitration proceeding for
 20 damages, indemnity, or contribution brought against a construction
 21 professional to assert a claim, counterclaim, cross-claim, or third-par-
 22 ty claim for damages or loss to, or the loss of use of, real or personal
 23 property or personal injury caused by a defect in the design or
 24 construction of an improvement to a condominium.
 25 (b) "Actual damages" means the fair market value of the condominium
 26 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

 A. 11065 2

 1 condominium, or the reasonable cost to repair the alleged construction
 2 defect, whichever is less, together with relocation costs, and, with
 3 respect to residential property, other direct economic costs related to
 4 loss of use, if any, interest as provided by law, and such costs of suit
 5 and reasonable attorney fees as may be awardable pursuant to contract or
 6 applicable law. "Actual damages" as to personal injury means those
 7 damages recoverable by law.
 8 (c) "Claimant" means a person other than the attorney general or the
 9 district attorneys of the judicial districts of the state who asserts a
 10 claim against a construction professional that alleges a defect in the
 11 construction of an improvement to a condominium.
 12 (d) "Construction professional" means an architect, contractor,
 13 subcontractor, developer, builder, builder vendor, engineer, or inspec-
 14 tor performing or furnishing the design, supervision, inspection,
 15 construction, or observation of the construction of any improvement to a
 16 condominium. If the improvement to a condominium is to a commercial
 17 property, the term "construction professional" shall also include any
 18 prior owner of the commercial property, other than the claimant, at the
 19 time the work was performed. As used in this subdivision, "commercial
 20 property" means property that is zoned to permit commercial, industrial,
 21 or office types of use.
 22 (e) "Notice of claim" means a written notice sent by a claimant to the
 23 last known address of a construction professional against whom the
 24 claimant asserts a construction defect claim that descri