Neighbor put Scaffolding against my building
HI Brownstoners- My new neighbor started renovation yesterday on the facade of their building. I came home yesterday afternoon with scaffolding pillars on my property and netting and wood boards against my building. The neighbor did NOT ask permission to enter my property or put anything on or against my property. In fact, they didn’t even give me a heads up they would start renovating. When the contractor put netting against the building they knocked out the building?s internet and cable. I spoke to my neighbor very sternly and told them to remove the pillars from my property- their contractor has pushed back and said the DOB gives them permission to put pillars on adjoining properties. Besides calling the DOB and filling a complaint- which I plan to do, what other things should I do to resolve this issue? Needless to say, things are now off to a rocky start with the neighbor from their lack of respect and communication.
bedstuyreno
in About Brooklyn 9 years and 2 months ago
21
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21 replies
concord | 9 years ago
No real limit…however, make sure the insurance coverage (additinal insured) remains in effect.
iceberg | 9 years and 2 months ago
Is there a time-limit as to how long a construction shed/bridging is allowed? Just going by the amount of sheds there are in Manhattan which appear to be installed semi-permanently I’d be pissed if such a thing wasn’t removed after 6-12 months.
bedstuyreno | 9 years and 2 months ago
UPDATE: I did report to the DOB and they issued a violation. They did not have permission to extend to my property or the sidewalk- when it was windy a few days ago, materials even flew onto the sidewalk, which could have potentially hurt someone walking by. I’ve hired a lawyer to draft a letter to them about access permission and insurance. Thanks for all the advice!
concord | 9 years and 2 months ago
This has nothing to do with being neighborly it is about liability. You need to be named as additional insured in their policy and also a “hold harmless’ agreement by the owner and contactor. We had a similar situation and called the cops (after repeated refusal by them) as they were tresspassing (without permission) and cops almost arrested the contractor (not our goal but…). We got the insurance rider and imdemnity ageeement…3 week delay for them…could have been no delay if they did not try to be ‘cute’…
blewin2 | 9 years and 2 months ago
You absolutely must report it to DOB. Unless you have been indemnified, you are responsible if anyone gets hurt on your property. This is not a time to worry about hurting relations with your neighbor. They fired the first shot. They should insure you and they must get a permit to do the work. This is serious stuff and can easily go awry if you’re not protected. If you allow them to go ahead without reporting it, you have zero protection
slopefarm | 9 years and 2 months ago
You want the additional insured coverage and the indemnification to cover you for liability, not just property damage, particularly if the scaffolding extends onto your property. God forbid a worker falls off the scaffolding on your property — you want to be fully protected in any claim against you as the property owner. .
EJR | 9 years and 2 months ago
I agree with the comment that a stop work order is in no one’s best interest here, though the threat of calling the DOB should have been enough to get them to move the scaffolding. If the scaffolding remains on your property, you should, as suggested by another poster, have an access agreement put in place, which should provide for, among other things (i) some sort of compensation in exchange for the right of access (~$200/month or so), (ii) an affirmative statement that the right of access is limited to [description of what is currently on your property], and does not create or purport to create any easement, right of way, right of access or any other property rights in or to your property (other than as expressly provided for in the agreement, (iii) includes the contractor/homeowner’s insurance information and provides an affirmative requirement to name you as an additional insured, and (iv) provides that the neighbor will fully indemnify and hold you harmless for any damage done to your property as a result of the right of access, which damage will be assessed by a written report of a contractor, architect, engineer or other agent of your choosing (in your sole discretion). Anyway, long story short, hire a lawyer and have him or her draft up a right of access agreement for you.
neweco | 9 years and 2 months ago
I think at this point , as long he has the proper insurances, permits, and follow proper protocols, just let them carry on . As CarmenF mentioned earlier, you’ll make things off to a bad start .
anotherposter | 9 years and 2 months ago
I’m curious for some follow-up on this. Bedstuyreno, let us know how it plays out.
hawaiismurf | 9 years and 2 months ago
Your neighbor is inconsiderate and should have given you advance notification. Do keep in mind that the neighbor is a bit at the mercy of the scaffolding company which does what they want to do, even if the client tells them to be careful, considerate, etc. (I’ve been there , trying to get contractors to be more considerate of my neighbors to little avail). You obviously need your cable/internet back; I would encourage you to call the scaffolding company as well and unload on them to come back and fix it. However, scaffolding is allowed to extend in front of neighboring properties. I believe it’s by 6′ from the property line.
daveinbedstuy | 9 years and 2 months ago
It really amazes me the number of stories I hear about this sort of thing happening. Are so many contractors and their crew really that incompetent and clueless???? Are so many neighbors the same when it comes to doing this sort of work???
Arkady | 9 years and 2 months ago
Being a good neighbor is all well & good but it’s just common sense to protect yourself from possible steep liabilities & being able to maintain internet & cable service that you pay for & need.
bedstuyreno | 9 years and 2 months ago
Thanks catboot. I called CB3 they were very helpful. Carmenf- I hope to have illegal beams off my property. I would also like to remove my financial liability in case of an accident. I would also like to have the scaffolding removed from my building so we can get our internet and cable restored. My neighbors refusal to remove the scaffolding and beams from my property left me with the only option of involving the city
carmenf | 9 years and 2 months ago
Calling the DOB and getting someone sent out is a great way to make a project drag on forever. Your neighbor made a mistake by not notifying you, but now that they have and you?ve spoke to them, what do you hope to accomplish by getting a DOB inspector involved? Getting them a hefty fine? Maybe a stop work order, so they have to wait weeks or months before starting the project again? Making an enemy out of the person you share a wall with?
catboot | 9 years and 2 months ago
In addition to what everyone said, I’m also making an assumption that based on your screen name you are within CB3’s boundaries. Call up the office and let them know of the situation. They can connect you with someone at the DOB who will actually do something about the matter. One of our neighbors had an issue about 6 months ago where the adjoining building put up a scaffold on her roof without asking for permission, thus damaging the roof. CB3, as well as several of its committees got involved and the scaffold was gone in a few hours. Is the building a flip or is it going to be owner occupied? If it’s a flip, the chance that they care is minimal (speaking from experience). If it’s owner occupied, I’d say be a little gentler. Good luck and keep us posted.
workisfun | 9 years and 2 months ago
My understanding is that the renovating homeowner also needs a permit to occupy the neighbor’s property and that a signed access agreement is required, even if the neighbor has to oblige. I think the agreement probably outlines and documents the necessary precautions, like insurance, permitting, etc.
bedstuyreno | 9 years and 2 months ago
Thanks, I spoke to DOB and they do indeed need permission and provide proof of insurance. Since if the beams give way on my property I could be held liable. They are going to send someone out.
slopefarm | 9 years and 2 months ago
Agree with the above. You can’t really deny access, no matter how rightly pissed you are that they did not ask first. Keep your demands to what you really need — you need them to guarantee you for any damage they cause to your property and to insure you for any liability (and that is serious business if, for example, a worker falls off a scaffold on your side of the line). You want to be defended, indemnified and insured through the neighbor’s contractor. that they did not approach you first elevates in my mind the risk that they are sloppy. Keep an even keep about this. Don’t make it personal, just articulate your concerns and the protection you need.
Arkady | 9 years and 2 months ago
Neighbors of mine had a similar situation. I’d suggest taking dated pictures of your facade around the work area & asking DOB about guidelines – there are specifics about how the shed can impinge on your property.