Scaffolding by neighboring building requiring covering my Manhattan brownstone
Which includes keeping me from use of my backyard garden
Permitted? Do I get compensated? A lawyer experienced in drawing up contracts in this regard?

cfgernon
in Exteriors 2 years and 1 month ago
5
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justinromeu26 | 2 years and 1 month ago
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op, consider your moves carefully. you might need them later for something.

Guest User | 2 years and 1 month ago
string(1) "3" string(6) "202751"
There is financial value in use of my property. If my neighbor’s scaffolding takes my ability to use and enjoy certain aspects of my property then it is a reasonable request to be compensated for this

justinromeu26 | 2 years and 1 month ago
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Jeremy, what you write makes it sound like it is acceptable for people to delay these things simply because they want compensation. We were told this is not what the intent of the laws are and that what the courts want is neighbors to work this stuff out between them, in a civil manner. if this went to court, the only compensation that the op would be entitled to would be actual expenses (say to have a lawyer review insurance docs or an agreement or damage to their property). Here in NYC people have to access others property all the time. The courts want people to understand that sometimes we have to work together for the benefit of one another in a “neighborly” manner.
the neighboring GC installed those windows because he felt as though it was cheaper and faster than going to court. that does not mean it is right for people to shake people down especially when some of these projects have to be done for the benefit of the safety of the neighbors or people on the street.
I worked for a property where the neighbors wanted access. the board where i worked felt as though they had a gold mine if they restricted access and dug their heels in and fought and ended up loosing in the end anyway and making bitter enemies out of the neighbor in the process. if they ever needed anything in return, they were sure not going to get it – at least not without spending money on lawyers. The property manager felt that this approach was wrong in case we needed something later and of course, he proved correct.
OP, i said you have a bargaining chip. what i meant was, you will get them to provide all that is necessary and put your garden back the way it was and maybe you can get a few extras out of them. if you want to suggest something further, see how it goes but please, don’t delay their project just to get something out of them. You might need them later.

Guest User | 2 years and 1 month ago
string(1) "3" string(6) "202751"
Under current law it is typically easy for neighbors to hold up sidewalk shed installation over property lines. You can inform them you refuse access until they arrange a written agreement for access. You can request compensation. Sometimes this is financial. Sometimes this is service based. A friend informed me one of his neighbors arranged for the neighboring GC to install new windows on his house in order to negotiate agreement. Maybe don’t negotiate too long on this angle if you decide to because Manhattan borough president recently proposed new local law legislation that would prevent neighbors from holding up this kind of work

justinromeu26 | 2 years and 1 month ago
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I worked for a building in manhattan years ago and we were the people putting the scaffold up. We had professional construction managers guiding us and we were told to approach the neighbors and try to work this out with them, which we did (i did not do it, someone above my pay grade did). We were told if we failed at that that we can and will get permission by using the legal system but it would be more trouble and expense for us. What i am suggesting here is you have a bargaining chip.
I have been on both sides of this situation and you will ask whomever, including the owners of the building and their contractors and subs to provide you with certificates of liability and workers comp where needed. You must be listed as additionally insured. I would tell these people you want to see 5 million minimum but see what others on this board say. Also, i have never done this myself, but with a lot of the bs and lying and monsense that is becoming so commonplace in certain industries, unless the construction firms they hire are big well established firms, i might be inclined to check the validity of a certificate with a phone call. It is getting very hard to trust people.