What can I do if a nearby construction project damaged my home?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can I do if a nearby construction project damaged my home?
About a mile from my home a large warehouse construction project began a few months ago. About a month ago I felt my whole house shake and thought a tree had fallen on it. I went outside to look but nothing had fallen. I also noticed my neighbor in his yard looking up at a tree next to his house. He thought the same thing I did. I checked local news for an earthquake or sonic boom but nothing was reported there. I now believe this was caused by blasting at the construction site and it has occurred several times since. It feels like my house was lifted a few inches off the ground and then dropped. The floor moves and windows rattle. Recently I noticed 2 cracks in my foundation and several large cracks on an interior basement wall. I don’t recall seeing these things previously. My belief is they were caused by the blasting. My homeowners insurance company tells me such damage is not covered by my policy. So is the construction company responsible? What can I do about this?
Asked on November 4, 2016 under Real Estate Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Yes, if you can prove that the damage was caused by the blasting and that the blasting was reasonably likely to damage homes as far from the site as your is (i.e. that's not the case that the problem is that your home had shoddy construction or pre-existing unrepaired problems or damage that made it unusually vulnerable), then the construction company may well be liable, or financially responsible, for the cost of the damage. A good first step is to contact a civil engineer and have him/her examine your home and offer an opinion as to the cause of the damage and whether it was due to the blasting or not; if so, you should then, armed with the engineer's report, consult with an attorney to look into suing the company--you would need an engineer's report for any lawsuit, so you may as well get this done first, to see if it's even worthwhile looking to sue.
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.