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More detailed analysis in the full FAQ article.

AVOID Act

The Avoiding Vexatious Overuse of Impleading to Delay Act. A New York statute that amends CPLR § 1007 to impose strict deadlines on third-party practice, with the goal of preventing defendants from using impleader as a delay tactic in civil litigation.See also: CPLR § 1007, Third-party practice, Impleader.

CPLR § 1007

The section of the Civil Practice Law and Rules governing third-party practice in New York state courts. The AVOID Act amended this section to add hard deadlines for filing third-party complaints, restrictions on post-note-of-issue filings, and limits on consolidation of severed third-party actions.See also: AVOID Act, Third-party complaint, Note of issue.

Third-party practice

A procedural mechanism in civil litigation by which a defendant (third-party plaintiff) brings an additional party (third-party defendant) into the lawsuit. The defendant asserts that the new party is liable for all or part of the plaintiff's claim. Also called impleader.See also: Impleader, Third-party complaint, CPLR § 1007.

Impleader

The procedural act of bringing a third party into a pending lawsuit. Under the AVOID Act, a defendant must implead a third-party defendant within the applicable deadline after serving an answer, or obtain leave of court. Filing after the note of issue is prohibited.See also: Third-party practice, Third-party complaint, CPLR § 1007.

Third-party complaint

The pleading filed by a defendant (acting as third-party plaintiff) that asserts claims against a third-party defendant. Under the AVOID Act, this document must be filed within the applicable statutory deadline or it will be dismissed or severed.See also: Impleader, Third-party practice.

Indemnification

A contractual obligation by which one party agrees to hold another harmless and reimburse losses arising from specified events. In construction and commercial contracts, subcontractors typically indemnify general contractors for claims arising from their work. Contractual indemnification triggers the 90-day (first action) deadline under the AVOID Act.See also: Common-law indemnification, Contribution, Failure to procure insurance.

Common-law indemnification

A non-contractual right to shift the entire loss from one party to another when the party seeking indemnification is only vicariously or passively liable. Unlike contractual indemnification, common-law indemnification is not rooted in an agreement; it arises from equitable principles. It falls under the non-contractual 60-day deadline under the AVOID Act.See also: Indemnification, Contribution.

Contribution

A claim by a defendant that another party is partially responsible for the plaintiff's damages and should share proportionally in any judgment. Contribution is a non-contractual claim governed by the 60-day "becoming aware" deadline under the AVOID Act.See also: Common-law indemnification, CPLR Article 14.

Failure to procure insurance

A contractual claim asserting that a subcontractor or vendor failed to obtain the insurance coverage required by the contract. This is treated as a contractual claim under the AVOID Act, subject to the 90-day deadline (first third-party action).See also: Additional insured, Certificate of insurance, Indemnification.

Note of issue

A document filed with the court certifying that discovery is complete and the case is ready for trial. Under the AVOID Act, filing a third-party complaint after the note of issue is prohibited. Any such complaint will be dismissed or severed without prejudice.See also: CPLR § 1007, Severance.

Grave injury

As defined under Workers' Compensation Law § 11, a category of catastrophic injuries (death, permanent and total disability, specified serious physical injuries) that permits a general contractor or property owner to implead a plaintiff's employer in a personal injury action despite the workers' compensation bar. Grave injury triggers the employer exception under the AVOID Act, providing 120 days to file.See also: Workers' Compensation Law § 11, Employer exception.

Workers' Compensation Law § 11 (WCL § 11)

New York statute that generally bars third-party actions against an injured worker's employer, unless the injured worker suffered a "grave injury" or the employer entered into a written contract to assume liability. The AVOID Act preserves this exception with a 120-day filing window.See also: Grave injury, Employer exception.

Employer exception

An exception under the AVOID Act providing a 120-day window to file a third-party complaint against an employer in cases involving grave injury under WCL § 11, or where the employer's identity was not known at the time the answer was served. The 120 days runs from the later of: (1) when the grave injury status becomes known, or (2) when the employer's identity is discovered.See also: Grave injury, Workers' Compensation Law § 11.

Certificate of insurance (COI)

A document issued by an insurance company or broker summarizing the key terms of an insurance policy: coverage types, limits, effective dates, named insured, and any additional insureds. Under the AVOID Act, access to current and compliant COIs within the 60 or 90-day filing window is critical for defending third-party claims or asserting failure-to-procure claims.See also: Additional insured, Failure to procure insurance.

Additional insured

A party other than the named insured who is covered under an insurance policy, typically added by endorsement. Construction contracts routinely require subcontractors to name general contractors and owners as additional insureds. Failure to obtain this status by the applicable deadline under the AVOID Act may constitute a failure to procure.See also: Certificate of insurance, Failure to procure insurance, Primary vs. excess coverage.

Primary vs. excess coverage

Primary insurance pays first, up to policy limits; excess (or umbrella) insurance pays after primary limits are exhausted. Contract requirements often mandate that the subcontractor's policy be primary and non-contributory with respect to the general contractor's coverage. Disputes over primary vs. excess priority are a common driver of third-party actions governed by the AVOID Act.See also: Additional insured, Certificate of insurance.

Severance

A court order separating a third-party action from the main case for purposes of trial or judgment. Under the AVOID Act, a severed third-party action cannot later be consolidated back with the original action. This consolidation ban is permanent and is intended to prevent the statute's timing rules from being circumvented through re-joinder.See also: Consolidation, CPLR § 1007.

Consolidation

The procedural joining of multiple actions for discovery or trial. The AVOID Act prohibits consolidation of a severed third-party action with the main action. This ban is designed to prevent a defendant from using re-consolidation to undo the effect of the deadlines and severance rules.See also: Severance, CPLR § 1007.

Labor Law § 240 (Scaffold Law)

A New York statute imposing absolute liability on owners and general contractors for elevation-related construction accidents. Because Labor Law § 240 defendants often cannot rely on comparative fault, they frequently seek contribution or contractual indemnification from subcontractors. The AVOID Act's deadlines are particularly acute in Labor Law § 240 cases because the stakes are high and liability exposure is immediate.See also: Labor Law § 241, Indemnification, Contribution.

Labor Law § 241(6)

A New York statute imposing a non-delegable duty on owners and general contractors to ensure compliance with Industrial Code regulations during construction. Like § 240, it generates significant third-party practice by defendants seeking indemnification or contribution from responsible subcontractors, all now subject to AVOID Act deadlines.See also: Labor Law § 240, Indemnification.

Subrogation

The right of an insurer that has paid a claim to step into the shoes of the insured and pursue recovery from responsible third parties. In construction litigation, subrogation claims can intersect with AVOID Act timelines when an insurer seeks to implead a subcontractor after paying out on a covered loss.See also: Certificate of insurance, Additional insured.

Becoming aware standard

The triggering condition for the 60-day non-contractual deadline under the AVOID Act. The statute says the clock starts when a defendant "becomes aware" that a third party may be liable. The statute does not define this phrase, leaving courts to develop the standard through case law. Reasonable investigation, discovery responses, expert reports, and deposition testimony may all constitute "becoming aware."See also: CPLR § 1007, Contribution, Common-law indemnification.

Chapter amendments

Follow-on legislation enacted after the original AVOID Act that modified certain provisions. Key changes include extending the as-of-right period for contractual claims from 60 days to 90 days, clarifying the employer exception, and adjusting the framework for subsequent third-party defendants. The chapter amendments are incorporated into the current CPLR § 1007 text.See also: AVOID Act, CPLR § 1007.

Subsequent third-party defendant

A party brought into the action as a third-party defendant by someone who is already a third-party defendant (rather than by an original defendant). Under the AVOID Act, subsequent third-party defendants face shorter deadlines: 45 days for contractual or non-contractual claims (vs. 90 or 60 days for original defendants).See also: Third-party practice, CPLR § 1007.

Hard cap

The 12-month absolute deadline under the AVOID Act, running from the date the answer is served, after which no third-party complaint may be filed without the written consent of both the plaintiff and the court. Unlike the 30-day party-agreement extension, the hard cap cannot be extended by the parties alone.See also: CPLR § 1007, Note of issue.

Risk transfer

The practice of shifting financial exposure from one party to another through contract (indemnification, insurance requirements) or by operation of law (contribution, common-law indemnification). Pre-litigation risk transfer documentation is now especially critical because the AVOID Act compresses the window in which a defendant can formally pursue third-party claims.See also: Indemnification, Failure to procure insurance, Additional insured.

CPLR Article 14

The article of the Civil Practice Law and Rules governing contribution among joint tortfeasors in New York. Contribution claims under Article 14 are subject to the AVOID Act's non-contractual 60-day "becoming aware" deadline when asserted as third-party actions.See also: Contribution, CPLR § 1007.

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• Legal project management

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  Dedicated legal project management platforms allow defense teams to calendar AVOID Act deadlines automatically from the answer date, assign investigation tasks, and track document retrieval across multiple matters.

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• Contract management

  Contract management platforms

  Purpose-built contract management systems enable rapid retrieval of subcontractor agreements, automated extraction of indemnification clauses, and centralized storage that survives personnel turnover.

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• Case law monitoring

  Case law monitoring and legal research tools

  Real-time case law monitoring services alert legal teams when courts issue decisions interpreting AVOID Act provisions, enabling proactive strategy adjustments as the "becoming aware" standard and other unsettled questions are resolved.

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• E-discovery and document review

  E-discovery platforms

  Modern e-discovery platforms with AI-assisted document review can dramatically accelerate the identification of relevant contracts, COIs, and incident documentation within the compressed AVOID Act investigation window.

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• Deadline calculation

  AVOID Act deadline calculator

  The interactive deadline calculator on this site computes your applicable filing deadline based on answer date, claim type, and other case-specific factors. Free to use with no registration required.

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