A construction defect is generally a deficiency in the design or construction of a building due to the failure to design or construct the building in a reasonably workmanlike manner (the minimally acceptable industry standard), or according to the owner’s reasonable expectation.

In New York, a construction defect is considered a failure in the design, construction, or renovation of a building that does not meet reasonable workmanship standards or the owner's expectations. The state's laws regarding construction defects are derived from a combination of contract law, tort law, and statutory warranties. Under New York law, parties may enter into contracts that define the standards and expectations for construction projects. If a construction defect arises, the responsible party may be held liable for breach of contract. Additionally, if the defect causes injury or property damage, tort law principles such as negligence or strict liability may apply. New York does not have a specific statute that governs construction defects for private construction, but the New York State Uniform Fire Prevention and Building Code Act sets forth minimum construction standards. Claims for construction defects must also be brought within certain time limits, known as statutes of limitations, which vary depending on the type of legal action (e.g., breach of contract, property damage, personal injury). It is important for property owners and contractors to understand their rights and obligations under New York law when dealing with construction defects.