What rights do I have pertaining to damage caused by a school district’s nearby construction project?

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What rights do I have pertaining to damage caused by a school district’s nearby construction project?

There has been construction at the nearby school for the last 2 months. This has included the workers beginning work at 6 in the morning, their using a tamper continually on the steam roller, dump truck doors constantly slamming down and scaring my guests, as well as my pet and myself, and the constant runaround by the grounds keeper of the school and foreman of the construction crew. As a result, I have large cracks that have formed in my ceiling, my basement floor, driveway, and sidewalk. I have talked to anyone that I could that is part of the operation to no avail. What rights do I have?

Asked on August 24, 2011 New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If your home has been damaged by the fall out of nearby construction at the nearby school consisting of, but not limited to cracks in assorted areas of your property, you need to first consult with a licensed contractor to inspect the problems to ascertain whether the cracks are cosmetic or structural needing repairs.

If structural and repairs are needed, you need an estimate from the licensed contractor as well as an opinion from him or her as to the causation of the problem.

Most towns, cities or counties have regulations as to the time in the morning when construction may begin and when it stops for the day. Potentially the start and stop time for the nearby work is in violation of any regulations.

If the estimate is substantial for the fix in your mind, you should consult with an attorney experienced in real estate law about the best way to proceed concerning how the damages are to be repaired and any liability as to any third parties for the problem and the need to submit any claim to any governmental entity (school district) for damages caused by its contractors.

Litigation is an expensive and time consuming proposition. Before you file a lawsuit, you need to be aware of its costs versus the anticipated return in the event of establishing liability and damages.

Good luck.

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