The AVOID Act changes everything about third-party practice in New York
A unified 90-day deadline. A good-cause exception for post-note-of-issue filings. A new compliance standard for every defendant in New York state court. Understand what the AVOID Act requires and what happens if you miss the window.
Every timeline the AVOID Act imposes
From the moment you serve your answer, the clock is running. Know your deadlines before you need them.
To file any third-party complaint after serving your answer
Employer exception from trigger event (grave injury / unknown ID)
After note of issue without good cause or interest of justice
What's new on the AVOID Act
AVOID Act deadlines: every timeline you need to know
A comprehensive reference for the AVOID Act's unified 90-day deadline framework: when it applies, the employer exception, the note-of-issue rule, and how to track your obligations.
The AVOID Act compliance checklist: 10 steps to take now
A 10-step compliance checklist for construction professionals, insurers, and risk managers preparing their organizations for the AVOID Act's strict impleader deadlines.
How the AVOID Act Reshapes Construction Litigation in New York
The AVOID Act's impact on Labor Law 240 and 241 cases and the new urgency around contract and insurance documentation for general contractors and property owners.
What is the AVOID Act? A plain-English guide
A plain-English guide to the AVOID Act: New York's rewrite of CPLR § 1007 that imposes a unified 90-day deadline on third-party practice in construction and premises cases.
The 90-day clock: how the filing deadline works in practice
How the AVOID Act's 90-day deadline works under CPLR § 1007(b), what triggers the window, and how to investigate fast enough to file a complete third-party complaint before the deadline.
AVOID Act FAQ: 15 questions defendants are asking
Answers to the 15 most common questions about the AVOID Act: the 90-day deadline, the employer exception, the note-of-issue rule, pending cases, and what to do immediately after being served.
Calculate deadlines. Measure readiness.
Two free tools built specifically for AVOID Act compliance planning.
Deadline calculator
Enter your answer-served date to calculate your 90-day filing deadline under CPLR § 1007, with plain-English explanations and the employer-exception option.
Open tool →Compliance readiness assessment
Ten questions that reveal how prepared your organization is for the AVOID Act. Scored in real time, with targeted recommendations for gaps.
Open tool →Who this affects most
The AVOID Act touches every sector that defends third-party claims in New York state court.
Construction
General contractors, subcontractors, and owners face the most acute exposure under the AVOID Act. Labor Law § 240 and § 241 cases demand fast identification of responsible parties and immediate access to contract and insurance documentation.
- 90-day window to assert indemnification and contribution claims against subcontractors
- COI review and additional insured verification must happen within days of service
- Failure-to-procure claims now have firm deadlines tied to the 90-day answer window
- Employer exception preserves WCL § 11 grave injury claims with a 90-day window from the trigger event
- Subcontractor contract retrieval must be immediate to meet the filing deadline
Insurance
Carriers and claims teams must adjust reservation of rights timelines, tender practices, and coverage analysis workflows to align with the compressed deadlines imposed by the AVOID Act on their insureds.
- Coverage investigations must complete within the 90-day filing window
- Tender of defense must be accepted or rejected before the third-party deadline expires
- Primary vs. excess priority disputes now arise on compressed timelines
- Late reporting by insureds may cause missed impleader deadlines
- Reservation of rights letters should address AVOID Act implications explicitly
Real Estate
Property owners and managers defending premises liability claims must quickly establish contractual chains of responsibility with contractors and service vendors, all within the shortened AVOID Act windows.
- Premises liability defendants need immediate access to contractor agreements
- Maintenance and service vendor contracts must include clear indemnification provisions
- Insurance procurement requirements must be verified against actual COIs on file
- Long-term property management relationships require updated compliance processes
- Third-party complaints against vendors must be filed within 90 days of serving your answer
Legal
Defense attorneys handling New York civil litigation must immediately adopt new intake protocols, calendar management systems, and client communication procedures that reflect the strict timing rules of the AVOID Act.
- Third-party investigation must begin before or simultaneously with answer preparation
- Client intake must include immediate document requests for contracts and COIs
- Case management systems must auto-calendar the 90-day AVOID Act deadline from the answer date
- Engagement letters should disclose AVOID Act deadline obligations to clients
- Constitutional challenge questions remain open and warrant monitoring
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