When a neighbor plans, or begins, a construction, demolition, or renovation project on their property, it’s important to work quickly to protect your own interests. Whether you are a homeowner, business owner, or property manager, below are some tips to address possible damage.
What Can Go Wrong?
Construction-related property damage isn’t limited to the most obvious, observable issues like broken glass and felled trees. Vibration caused by deep drilling and pile driving can lead to cracks in your walls and foundations, while poorly done excavation can weaken the underlying ground nearby, causing floor sinking, fence collapsing, and more. Irresponsible construction may cause any number of issues, so owners must be vigilant and act fast.
Control the Situation
As soon as you become aware of plans for renovation or construction nearby, talk to the property owner and ask to be included in their insurance policy. You might also consider having a structural engineer independently assess the state of the property and the building plans. Taking plenty of photos before the work starts can help support your argument that (potential) damage occurred after construction began. Finally, consider establishing a written agreement regarding costs of any damages than may be incurred. This is a fairly routine plan of action – and can absolutely be done in a friendly manner – so don’t worry about coming off as difficult. Getting a lawyer involved early helps ensure that both parties are clear about their financial responsibilities
Legal Recourse
Hope is not lost if you haven’t had a chance to set up an agreement beforehand. If your property suffers from damage due to adjacent construction activity, the offending neighbor is generally compelled to provide compensation. Local regulations, as well as the specifics of your particular situation, means that each case is different – so reach out to a construction lawyer in your area.
Special Note – Water Damage
Though property owners and contractors are expected to compensate for most issues, note that damage caused by surface water run-off is not always included in this list. Though neighbors may not be allowed to use drains or other artificial means to channel water directly onto your property, it’s a good idea to be aware of where water is flowing.
