NYC Now Requires Monitoring During Certain Adjacent Property Excavation

Effective December 31, 2014 certain construction projects in New York City will require monitoring of adjacent buildings impacted by construction.  Pursuant to newly added section 3309.4.4:

During the course of excavation work the following shall be monitored in accordance with Section 3309.16:
1. Buildings that are within a distance from the edge of the excavation that is equal to or less than the maximum depth of the excavation.
2. Historic structures that are contiguous to or within a lateral distance of 90 feet (27 432 mm) from the edge of the lot where an excavation is occurring.
Exception:
Monitoring is not required for excavations to a depth of five feet (1523 mm) or less, provided: 
1. The excavation occurs more than 5 feet (1524 mm) from all footings and foundations;
or
2. Where the excavation occurs within five feet (1524 mm) or less from a footing or foundation, such excavation does not occur below the level of the footing or foundation.
The monitoring requirements will likely add a small increase to construction costs but may reduce future litigation by establishing a record of any movement in adjacent property damage claims.

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