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Spotlight on: Protecting Your Building from Demolition Next Door

New York City

Damage from Adjacent Construction Work
April 9, 2015

Cover Your Bases

Consider conducting a survey of the building before any demolition or excavation begins next to it. The board can use this report as a baseline to compare against any future damage. In a preconstruction survey, an engineer visually inspects the building's structure and reviews the developer's demolition and construction plans to see if they adequately protect adjacent buildings. The engineer should take plenty of photos throughout the building. The more detailed and thorough the report (especially the photographic documentation), the stronger the board's case will be should damage occur. If your building is more than six stories tall, the most recent Local Law 11/98 façade inspection report can also be a useful tool for establishing the condition of your building before construction began.

Problem Signs

If you suspect your building has been damaged by construction, have your engineer survey the building again. Obvious problems to look for include shifted walls; damaged bricks, mortar, coping stones, flashing, lintels and relieving angles; and improperly spaced or non-existent expansion joints. Inside the building, the engineer looks for damage such as cracked or bulging walls, sloping or sagging floors, gaps between walls and floors or ceilings, and rotted or defective joists or beams in the basement.

Shaky Foundation

A shared foundation wall, known as a party wall, could increase the chances of damage to your building. Vibrations from the demolition or settling caused by digging next to or below your wall are likely culprits. The city's Building Code prohibits new buildings from sharing a party wall, so the developer must construct a new foundation and leave space between the buildings. Developers are also required to reinforce adjacent foundations when digging deeper.

Full Stop

If you notice any damage you think may be caused by the construction, keep an eye on it. If a survey determines that in-progress construction is damaging your building, exacerbating existing damage, or not following proper building code procedures to prevent collateral damage, your board may have to take legal action to have the work stopped.

Even if construction is underway and you suspect the damage has already been done, it's not too late to start laying the groundwork to prove that the construction is at fault. An engineer's survey can investigate whether the builders took the required precautions and document the current condition of your building, which can also be used as a baseline if the damage gets worse.

Monitor defects such as hairline cracks or gaps in the walls, and look for signs of water penetration, bulging, or other deficiencies as evidence that the damage is ongoing. The areas around the lintels are especially vulnerable. The basement wall, as the building's foundation, also bears the brunt of any additional loads on the building, so that should be monitored every day as well.

 

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