New York Court Dismisses Homeowner’s Construction Defect Claim Over Missed Filing Deadline

In a recent decision by New York’s Appellate Division, Second Department, a homeowner’s breach of contract lawsuit was dismissed for missing the filing deadline under state law. The case, Hillaire v. Jose A. Torres, involved claims that the contractor’s flawed installation of basement flooring in 2015 caused ongoing issues. New York’s six-year statute of limitations for breach of contract began on the date of final payment for the work, May 26, 2015, marking the completion of the contractor’s performance. When the plaintiff filed suit in January 2022, nearly seven years had passed, prompting the court to dismiss the claim as untimely.

The homeowner’s appeal argued for an extension under pandemic-related executive orders that temporarily tolled filing deadlines, given the widespread disruptions caused by COVID-19. However, after evaluating these tolling provisions, the court concluded that the claim remained time-barred. This case illustrates New York’s strict enforcement of statutory deadlines in construction-related disputes, where claims must be filed within six years of the work’s completion. The ruling highlights the need for property owners and contractors to act promptly when issues arise, as the courts will strictly interpret filing deadlines with only limited exceptions.

For contractors, homeowners, and legal professionals, the ruling serves as a reminder of the importance of understanding statute limitations in construction defect cases. Timely action is essential for preserving the right to legal recourse, and pandemic-era extensions may not always offer reprieve for delayed claims.