The New York State Court of Appeals, in its 2009 decision in Pioneer Towers Owners Ass’n v. State Farm Fire & Cas. Company, held that damage to a building caused by excavation work being conducted on an adjacent property was … Continue reading
Category Archives: Excavation
Construction Collapses: Responding to the Emergency from a Legal Standpoint
The construction industry is dangerous. Major construction accidents can involve both a risk to life and property damage that can sometimes reach liability in the millions of dollars. In tight urban environments, like New York City, the risk of damage … Continue reading
Court of Appeals Expands Earth Movement Exclusion
In Pioneer Tower Owners Association v. State Farm (a case handled by Kushnick Pallaci) the Court of Appeals limited the application of the “earth movement”exclusion in an insurance policy by holding that the exclusion did not apply to “man made” causes … Continue reading
Disclosure of Property Conditions
When entering into a contract to do work, it is generally the obligation of the property owner to disclose to the contractor any conditions that may affect the completion of the project. A later finding of unexpected property conditions could … Continue reading
Economic Damages to Adjacent Property
In general, when the property adjacent to a construction site is damaged as a result of the work being done, the contractor is required to indemnify the property owner for any claims brought against him for the damage to the … Continue reading
