Excavation and Underpinning
When excavating in the vicinity of other buildings, the New York City Building Code requires in certain situations that notice be given to the adjoining property owner, that certain precautions be taken, and that certain work be performed. It is possible to upset the soil beneath neighboring buildings and cause tipping, leaning or cracking in the foundation of those buildings. In the most extreme situations, the defective or improper excavation can lead to the collapse of the building. Improper excavation and inadequate or improper shoring is a common cause of damage to adjoining properties and the damages may be substantial for the owners of those buildings.
Before it issues a building permit to an owner undertaking an extensive excavation project, the NYC Building Department requires that the owner submit the underpinning engineering plans and proof of insurance, and provide proof that it has given notice to neighboring building owners of the proposed excavation project. The NYC Building Code contains specific provisions outlining the rights and obligations of those performing excavation and shoring as well as the rights and obligations of neighboring property owners.
Construction law attorney Ronald Francis, Esq, with over 30 years of experience in construction law, counsels clients on their rights and obligations during excavation, shoring and underpinning operations, and represents clients in litigation involving improper and defective excavation and underpinning, including property owners, general contractors, sub-contractors and engineers.
If your building has been damaged because of excavation, underpinning or shoring, or if you are worried that you will be held responsible for damages that occurred during the excavation, shoring or underpinning of an adjacent property, construction attorney Ronald Francis can advise you so that you are apprised of the legal requirements and you can take necessary steps to protect yourself.
If immediate action is necessary, such as obtaining or removing a “Stop Work Order” from the NYC Department of Buildings, or obtaining restraining order or an injunction from a court to stop work or remove a Stop Work Order, The Law Offices of Ronald Francis can represent you quickly and aggressively to seek the results that you need.
For experienced representation with Excavation and Underpinning issues in New York City, contact The Law Offices of Ronald Francis, to schedule a free initial consultation.