Property Damage From Adjacent Construction – What To Do When It Affects Your Property

When construction season reaches its peak, the sounds of jackhammers and construction equipment become just as familiar as birds chirping in the air. This can be a nuisance at the least, or can cause property damage to surrounding areas at its worst.

Construction contractors rely on heavy equipment to blast or pile drive while excavating and building new properties. If your property is in close proximity to a construction project, your property might suffer damage due to the underground vibration caused by these activities.

Vibration damage happens, for example, when pylons are driven into the ground by heavy construction equipment. Other construction activities such as blasting, piling, compaction, and excavations can produce vibrations strong enough to damage nearby structures and buildings.

Signs of foundation damage due to nearby construction can include:

• Cracked tiles
• Hairline cracks in walls or ceilings
• Nails protruding from drywall
• Cracked wood beams
• Door and window frames out of alignment

If any of these issues – or worse problems – occur, homeowners need to document the issue as soon as they are aware and report the issue to their insurer. They should also take immediate action to remedy the issues and prevent further damage. (Under the terms of their policy, they may be required to take certain steps to halt and repair foundation damage.) Ideally, a homeowner has some type of documentation of the home’s condition prior to a nearby project being started.

It may seem obvious that these issues demand attention and coverage from the insurance company. Insurers don’t always see it this way, unfortunately. They may assert that the issues were pre-existing damage that may even pre-date the insured’s policy. Or they may claim it was due to some other form of neglect by the property owner. In other cases, they may acknowledge that the issues were construction-related, but argue this was not covered under the policy or fell under some exception.

What to Do When an Insurer is Delaying or Denying Your Claim

In cases involving foundational damage due to nearby construction, insurers may try to minimize or even deny your claim. They may do this by assigning blame to the property owner or stating that the damage existed prior to the construction activity. If a homeowner has difficulty demonstrating the condition of the property prior to the construction, insurance companies can use this against their insureds. They may also rely on policy details and technicalities to deny the claim (for example, stating the insured did not provide notice in a timely manner). Florida homeowners have important rights when pursuing insurance claims, and a property damage attorney can help to enforce these rights.

Our Daytona, Florida Property Damage Attorneys Can Help When Construction Activity Has Damaged Your Home

The Daytona property damage attorneys at Bundza & Rodriguez, P.A., know how to negotiate with insurance companies that try to delay, deflect, or deny claims after nearby construction activity. If you are having issues with your insurer and need help to move forward, call our Daytona law offices today at 386-252-5170. You can also visit our Daytona Beach property damage attorneys online anytime for more information or to schedule a consultation.

Source:

sciencedirect.com/science/article/pii/S0267726119312916