What to do if our property manager hired a contractor to repair our apartment building’s exterior but they failed to close the windows as they sawed through concrete?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if our property manager hired a contractor to repair our apartment building’s exterior but they failed to close the windows as they sawed through concrete?

The work required sawing and removing concrete. We closed our balcony door and jealousy windows as instructed; however, these were not sealed by the contractor and now there is fine-particulate concrete dust covering absolutely everything in our apartment. My girlfriend has asthma and we cannot even stay there due to the dust, not to mention the potential damage to our electronics and other possessions. I have taken photos but what legal rights do we have? Should we contact a lawyer? How do we even assess damages for this type of situation? Should we hire an outside professional company immediately regardless of the contractor’s recommendations?

Asked on October 18, 2012 under Real Estate Law, Hawaii

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The contractor and possibly (depending on the exact circumstances) property manager are likely liable for any injuries, property damage, or costs you suffer due to their negligence, or unreasonable carelessness. You, however, an obligation to mitigate, or minimize, you damages and injuries. If your apartment is not habitable due to the dust, especially given your girlfriend's asthma, then you should get it professionally cleaned; save the invoices and invoices for any other costs (e.g. for a hotel until the space is cleaned) and then try to recover them from your landlord after the fact, including by filing a lawsuit (e.g. in small claims court) if necessary. Understand that since litigation is never certain, you may not recover part or all of your costs, but if you incur additional losses, damage or injury from your failure to take reasonable steps, you will almost certainly not recover for anything you could have prevented.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption