In many instances a developer or owner doing work to its property may need to gain access to the neighboring property for the protection thereof during the construction. Such access may include installing physical protection measures but may also include access for a pre-condition survey, inspection or monitoring. In many cases access is into common areas, but there are occasions when access into individual units or living space is needed.
In the usual case, claims by a sponsor against a construction manager or contractor ("contractor") for construction defects in a condominium building are subject to the six (6) year statute of limitations for contract claims, which starts to run from the date the contractor completes work on the construction project. Claims by a sponsor against an architect or other professional ("architect") for design defects in a condominium building are subject to a three (3) year statute of limitations, which starts to run from the date the architect completes its services on the construction project.
Although it is settled law that a no-damages-for-delay clause which exculpates a contractor from liability for damages resulting from delays in the performance of the work is generally enforceable, various courts have applied the exceptions enunciated by the Court of Appeals in Corinno Civetta Constr. Corp. v. City of New York, 67 NY2d 297 (1986) in denying dismissal motions based upon the clause. Those exceptions are: