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February 16, 2008
new building going up next door
I live next to a vacant lot. A developer is breaking ground on a new building next month. The developer's insurance company wants to photograph the apartments in my building in case my building is damaged during construction. Initially I thought this was a good idea but I am afraid that somehow this could work against me if the building is damaged and I make a claim. Anyone have any thoughts?
Comments
damned if you do, damned if you dont.
they will find a way to screw you either way.
Posted by: guest at February 17, 2008 12:44 AM
what's the benefit in letting them photograph anything? (there is none.)
there is benefit in having photographs, however, in case YOU need to prove something. so take some photos, store them somewhere, and do NOT share them unless there is in fact damage and you need to prove it.
Posted by: guest at February 17, 2008 9:24 AM
I'd talk to an attorney. I think it's good they have contacted you. Better than their just showing up with a backhoe one day. Might give you a chance to start off on the right foot with them. You should definately take pictures yourself to document the current condition of your building in case it's damaged during the adjacent construction. I think a new DOB law requires the developer to insure your property against damage. Unbelievably, this was not the case until now. Also, if you're in a historic district, there are additional procedures which the developer is supposed to follow.
Posted by: Boerum Hill at February 17, 2008 9:51 AM
Take the photographs yourself and keep them in case your building is damaged.
Posted by: CrownGardener at February 17, 2008 10:43 AM
They're going to take pictures of your house regardless of whether they have permission or not. They'll simply stand on their property to do it. Far better that you are informed of their intention to do so and to cooperate with them in advance. That said, I agree with the other responses in that you should also do your own documentation of the existing conditions, including pics of the vacant lot, for your own purposes should the need arise.
I'll also go one step further and advocate for your taking pics of the project as it moves forward. Even the best developers make mistakes and it's in your best interest to document each step of the process. I'd personally be very interested in work that they do near the foundation.
Posted by: fauxvic at February 17, 2008 12:31 PM
It isn't costly to get an inspection done, like the kind that's done when somebody purchases a property. It's about $500. I think it's worth it for your whole building to pitch in and hire an inspector to do an inspection along with photos before construction starts next door. It could be very helpful if something like foundation damage occurs. Pre-existing condition of the walls in the basement for example would not show very well in photographs, so an inspectors report saying the foundation looked fine before construction next door would be the thing to have.
Posted by: guest at February 17, 2008 2:39 PM
If you are a coop or condo, you should hire an engineering firm to do what's called a pre-condition survey. Not only will they photograph and/or videotape the interiors of the apts, they will check the foundation and masonry. They can also install crack monitors on existing cracks, (to see if they expand), laser targets on the exterior walls (to see if the building shifts), and even vibration recorders to record vibration 'events' (depending on how thorough you want to get).
The danger is not to the interior of the apts, that's just a little wallboard cracking, but to the exterior and foundation of the building.
I can recommend Mike Drerup or Dave Perazza of Exponent Inc, 212-895-8105.
BTW, any decent developer would pick up some or all of the cost of this survey as it benefits him as well.
Posted by: denton at February 18, 2008 7:06 AM
I'm getting ready to put up a building and getting ready to go through the same thing. Since you are a fellow Brownstone this is what you do. Examine you wall and floor if you do not notice any cracks in your walls sagging floor and a problem with your foundation let them in to take the pictures because if you don't and something happens they can say you had a preexisting condition.
Posted by: guest at February 18, 2008 9:44 AM
I am currently suing the contractor next door. The above advice is mostly correct. To get an idea of the cost involved our legal bills are in the $20 to $30 thousand dollar range and our forensic engineering bills have already reached $15 thousand. That does not cover any repairs yet. We are our approaching our second year. Remember you should be prepared to pay for all repairs out of your own pocket. Our neighbor has spent $80 thousand so far to secure his building.
First check with your insurance company as you may be shocked to find out that they do not cover damages caused by someone's contractor.
You can't do enough preconstruction documentation. The contractor will always say that any damage done to your house was pre existing. Take picture of everything even things that you least expect like the part of the building farthest from the construction. Take pictures of trees, fences, sidewalks, patios, decks, windows, doors, all interior walls, plumbing lines, gas lines, roofs, foundation masonry, your neighbors homes as well, party walls, water conditions before and after, whether your floors counters are lever before... Utility lines and poles on your property... If it can be damaged it will.
I would ask for the GC's insurance company as well as any subcontractors doing the earth work. I would ask them that they would follow all laws about 5 day prior notification of any work/demolition and that they file the appropriate underpinning plans for your building.
Bookmark their building on the DoB BIS web site and check it everyday for changes, complaints, actions, violations. Check other properties that are nearby as well. It is my experience that calling 311 is an effective means of documenting your concerns but not a way to get any actual help.
Posted by: guest at February 18, 2008 12:00 PM
We expect a major renovation/extension to start on the building directly behind us (so no common walls, just a common property line). Would y'all advise us to have our attorney write a letter to the owners? I'm thinking we could be pro-active and outline our concerns. Good idea or no?
Posted by: guest at February 19, 2008 6:40 PM
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