By April 18, 2026, New York construction litigation will operate on a faster—and far less forgiving—timeline. The Avoiding Vexatious Overuse of Impleading to Delay (the “AVOID Act”), signed into law on December 19, 2025, fundamentally rewrites third‑party practice under CPLR § 1007 by imposing strict deadlines to bring subcontractors, suppliers, and other responsible parties into a case.
For owners, developers, general contractors, and their in‑house counsel, this change will shift risk assessment, contract enforcement, and litigation strategy to the very front end of a claim—particularly in New York Labor Law and construction defect cases.
What Changed—and Why It Matters to Construction Cases
Historically, New York defendants could implead subcontractors and other players well into discovery. The AVOID Act ends that practice.
Under the amended CPLR § 1007:
- Contract‑based indemnity claims must generally be brought within 60 days after the defendant serves its answer.
- Non‑contractual claims (e.g., contribution or common‑law indemnity) must be asserted within 60 days of “becoming aware” that another party may be responsible.
- Subsequent layers of third‑party practice are subject to even shorter deadlines (45, 30, and then 20 days).
- No impleader is permitted after the filing of a Note of Issue, and late third‑party actions must be severed or dismissed and may not be re‑consolidated with the main action.
In construction litigation—where multiple trades, layered contracts, and overlapping insurance programs are the norm—these deadlines dramatically compress the window for action, and companies can no longer wait for discovery to unfold to identify other potential parties.
Owners and contractors will need to:
- Identify all potentially responsible subcontractors and vendors immediately upon receipt of a complaint.
- Analyze indemnification, additional insured, and defense provisions before filing an answer.
- Make early determinations about whether contractual or common‑law rights support impleader.
Failure to act quickly may result in permanent loss of indemnity and contribution claims in the same action, forcing parties to pursue separate lawsuits—often without the leverage or efficiency that joint discovery and trial once provided.
Increased Motion Practice—and New Pressure on Early Investigation
While the statute is framed as an anti‑delay measure, there is concern that it will generate new forms of litigation activity.
The Act’s “becoming aware” standard—triggering the 60‑day clock for non‑contractual claims—will almost certainly become a battleground. Expect disputes over:
- Whether RFIs, contracts, accident reports, or site logs should have triggered awareness;
- Whether prior tenders or insurance correspondence constituted notice;
- Whether early investigative steps were “reasonable” under project‑specific circumstances.
For project teams this means earlier site investigations, faster incident reconstruction, and closer coordination between legal, safety, and project management teams than ever before.
Strategic Impacts on Labor Law and High‑Exposure Claims
The AVOID Act may have its largest impact in New York Labor Law §§ 200, 240(1), and 241(6) cases, where defendants routinely rely on aggressive third‑party practice to shift liability downstream.
Because the Act limits impleader timing—but not plaintiffs’ ability to control the case—it may:
- Increase settlement leverage for plaintiffs, who can time the Note of Issue to cut off third‑party claims;
- Push defendants toward earlier global resolution, before indemnity rights are forfeited;
- Force owners and contractors to rely more heavily on insurance tender and coverage litigation, rather than third‑party contribution claims in the underlying action.
Practical Takeaways for In‑House Counsel and Executives
The AVOID Act is not just a procedural tweak—it is a business risk issue. Companies operating in New York should consider:
- Updating incident‑response playbooks to ensure legal review begins immediately after any serious accident.
- Re‑evaluating contract management systems so indemnity and insurance provisions can be identified within days, not months.
- Training project teams to flag potential third‑party exposure early, before litigation deadlines close.
- Adjusting reserve strategies, recognizing that missed impleader deadlines may shift costs permanently onto the prime defendant.
The Bottom Line
The era of leisurely, discovery‑driven third‑party practice in New York is over. New York’s AVOID Act forces construction defendants to act early—investigating promptly, litigating decisively, and locking in risk‑transfer strategies at the outset of a case. For prepared defendants, the result may be leaner, more efficient litigation. For everyone else, delay now carries a steep price: the permanent loss of critical claims.
