Legal Question in Construction Law in New York

Construction in NYS

We hired a NYS Contractor that added an addition to our home. His work is substandard per 2 NYS Engineer reports [our Engineer and the Insurance Co. Engineer] and has caused our original house's structural integrity load capability to be reduced.

Question: His policy has Products-Completed Operations Aggregate of 2 million and the policy has Products-Completed Operations Hazard does this cover his sloppy and substandard work?

Definition of Products-Completed Operations Hazard from his policy:

Includes all 'bodily injury' and 'property damage' occuring away from premises you

own or rent and arising out of 'your product' or 'your work'.

His insurance company said his substandard work is not covered nor will they cover the structural integrity and reduced load capacity concern because their Engineer did specifically say it was damaged, just that it was reduced.

Prop Dam Def:

Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or Loss of use of tangible property that is not physically injured.

However, the Engineer report said

not to store anything in the attic due to his work.


Asked on 8/08/08, 11:21 am

2 Answers from Attorneys
Kevin Connolly Kevin J. Connolly

Re: Construction in NYS

Standard insurance company lies and stonewalling. Stop negotiating with the liars and thieves who call themselves an insurance company.

You need a pit bull terrier lawyer to sue the contractor, take the verdict and enforce it against the insurance company. You can't go after the insurance company until 30 days after you enter judgment against the contractor.

We handle both the construction litigation and insurance coverage here at Anderson Kill.

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Answered on 8/08/08, 11:24 am
Michael Markowitz Michael A. Markowitz, PC

Re: Construction in NYS

Normally a contractors policy does not cover substandard work. If his substandard (or negligent) work cause damage to your house (other than his work), you may be covered.

However, a policy is generally long worded (and winded). An attorney would have to read the entire policy to determine if it applies.

Your insurance policy may also cover damage caused to your house by the contractor. If you have not done so, use that source for funds to correct the problem.

I believe Fishkill is in Westchester County. I would also contact the county's Department of Consumer Affairs which regulates home improvement contractors.

Mike.

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Answered on 8/08/08, 11:44 am


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