When flaws in construction cause damage, delays, or safety hazards, you need legal counsel who understands both construction practices and how to translate them into persuasive legal claims or defenses. The Real Estate Attorneys at Schwartz, Conroy & Hack (SCH) have deep experience handling construction defect and negligent construction litigation in New York. Because it is headed by a veteran real estate developer and lawyer, the SCH Real Estate team brings decades of development, construction, and investing experience into the mix, giving our clients the benefit of real-world experience in combination with legal expertise to better guide and advise our clients. We combine technical knowledge with legal strategy to protect our clients’ interests and pursue optimal outcomes.
We represent a wide spectrum of parties: property owners, developers, contractors, subcontractors, and professionals involved in the planning, design, oversight, or execution of construction projects. Our attorneys are skilled at bridging the gap between engineering details, building codes, and courtroom advocacy.
Our Construction Defect & Negligence Construction Practice Areas
We offer comprehensive support across all stages of defect and negligence disputes:
Investigation, Assessment & Expert Coordination – The foundation of any defect case is a rigorous factual and technical inquiry. We help clients retain and coordinate expert engineers, architects, or construction consultants to assess alleged defects, causation, and the cost to remediate. We also evaluate whether claims are timely under applicable statutes of limitation or repose.
- Negligence Claims & Standard of Care
In negligent construction claims, a plaintiff must show that a party owed a duty of care, breached it, the breach caused harm, and damages resulted. We help clients articulate or defend against these elements—whether the party is a general contractor, design professional, or subcontractor.
- Express & Implied Warranty Claims
Beyond negligence, construction defect disputes often involve breach of contract or breach of warranty theories. Some jurisdictions recognize an implied warranty that a contractor performs work in a “workmanlike manner.” We advise clients on which legal theories best fit their situation and the interplay between warranties and negligence.
- Defense & Offense in Litigation & Alternative Dispute Resolution.
Whether asserting claims or defending against them, we guide clients through every phase: pleadings, discovery, expert depositions, motions, settlement negotiations, mediation, arbitration, or trial. Our goal is to resolve disputes efficiently and favorably where possible, while being fully prepared for courtroom litigation.
- Multi-Party & Cross-Claims Strategy
Construction projects often involve multiple stakeholders. We develop defense strategies or claim allocation plans across contractors, designers, subs, and material suppliers, using cross-claims, indemnity, or contribution where available.
- Damages, Remediation & Recovery
We assist clients in quantifying and recovering the full measure of losses: remedial costs, diminution in value, delay damages, consequential losses, lost profits, and—when appropriate—punitive or exemplary damages.
- Appeals & Post-Judgment Enforcement
If a case proceeds to appeal or requires post-judgment enforcement (collections, liens, execution), our team continues to advocate to protect your rights.
Why Choose SCH for Construction Defect & Negligence Matters
- Dual fluency in law and construction — We know how buildings are built and how disputes arise, which helps us engage credibly with experts, clients, and courts.
- Tailored strategic advice — We evaluate early, plan smartly, and align your litigation strategy with your broader business or development objectives.
- Client-centered advocacy — From big developers to individual property owners, we give every client personalized attention and clear, upfront guidance.
