Kushnick | Pallaci PLLC Attorney At Law

The Risks of Adjacent Property Construction in New York: Protecting Your NYC Property from Underpinning, Excavation, and Potential Damage

The Risks of Adjacent Property Construction in New York: Protecting Your NYC Property from Underpinning, Excavation, and Potential Damage

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New York City is a bustling metropolis with a constant demand for new construction and development. As the cityscape continues to evolve, construction projects frequently take place adjacent to existing properties. While this rapid growth brings opportunities, it also presents risks that property owners must be aware of, particularly when it comes to underpinning, excavation, and potential property damage. In this blog post, we will explore the dangers associated with adjacent property construction in New York and discuss strategies to optimize the safety and protection of your valuable NYC property.

  1. Understanding Underpinning and its Impact on Adjacent Properties

Underpinning refers to the process of strengthening the foundation of a building to provide additional support or to facilitate the construction of an adjacent structure. While underpinning is a common practice, it can have severe consequences if not executed properly. Some potential risks include:

a. Foundation Settlement: Improper underpinning can cause the foundation of an adjacent property to settle or sink, leading to structural instability.

b. Uneven Load Distribution: Inadequate underpinning may result in an uneven distribution of loads, leading to cracks, tilting, or collapse of the affected property.

c. Soil Disturbance: Excavation and underpinning often involve digging and disturbing the soil around a property. This can impact the stability of neighboring structures, leading to soil erosion, land movement, or even landslides.

  1. The Hazards of Excavation near Existing Properties

Excavation is another common activity in construction projects, involving the removal of earth or rock to create a cavity or trench. When excavation takes place near existing properties, several risks arise, including:

a. Soil Displacement: Excavation can cause the displacement of soil, which can, in turn, affect the stability of adjacent properties. This can lead to foundation movement, cracks in walls, or even structural collapse.

b. Groundwater Issues: Excavation may alter the groundwater flow, potentially causing water accumulation and seepage into neighboring properties. This can result in water damage, mold growth, and compromised structural integrity.

c. Vibrations and Noise: Construction activities, including excavation, can generate vibrations and excessive noise, which may impact the structural integrity and comfort of adjacent buildings.

  1. Mitigating Risks and Protecting Your NYC Property

To safeguard your property during adjacent construction, consider implementing the following strategies:

a. Engage Qualified Professionals: Work with licensed architects, engineers, and construction companies experienced in adjacent property construction. They can ensure that proper measures are in place to minimize risks and adhere to relevant regulations.

b. Pre-Construction Surveys: Conduct thorough pre-construction surveys to document the condition of your property before construction begins. This will help identify any existing cracks, damage, or weaknesses that could be attributed to adjacent construction activities.

c. Review Construction Plans: Request access to the construction plans for the adjacent project and consult with professionals to assess potential risks and identify any necessary modifications or precautions.

d. Monitoring Systems: Install monitoring systems that can detect and report any movement, settlement, or vibration in your property during adjacent construction. Early detection allows for timely intervention and minimizes potential damage.

e. Insurance Coverage: Review your insurance policies to ensure they adequately cover potential risks associated with adjacent property construction. Consider adding endorsements or seeking additional coverage specific to construction-related damages.

  1. Seeking Legal Recourse and Mediation

Despite precautionary measures, incidents of property damage can still occur during adjacent construction. In such cases, it is crucial to understand your legal rights and options:

a. Notify Authorities: Report any observed damages to the appropriate authorities, such as the Department of Buildings or local building enforcement agencies. Promptly filing a complaint can initiate an investigation and ensure proper documentation.

b. Consult an Attorney: Seek legal counsel from an experienced attorney specializing in construction law or property damage. They can guide you through the process, assess liability, and represent your interests during negotiations or litigation.

c. Mediation and Arbitration: Consider alternative dispute resolution methods, such as mediation or arbitration, to reach a fair settlement outside of court. These approaches can save time and money while still addressing the issues at hand.

Conclusion

Adjacent property construction in New York City brings both opportunities and risks. Understanding the potential hazards associated with underpinning, excavation, and property damage is crucial for safeguarding your valuable NYC property. By taking proactive measures, working with qualified professionals, and being aware of your legal rights, you can minimize the risks and optimize the protection of your property during adjacent construction activities. Stay informed, stay vigilant, and protect your investment in the ever-changing landscape of New York City.

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Kushnick | Pallaci PLLC Attorney At Law​

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