Tremendous construction growth has caused many disputes between neighboring and adjoining building owners. Claims of damage resulting from adjoining construction are common.

General requirements require that, except in hard rock, whenever any excavation is to be performed in the vicinity of buildings, structures or utilities, the integrity, stability and structural adequacy of such buildings, structures or utilities shall be maintained at all times by the use of underpinning, sheet piling, bracing or other equivalent means to prevent damage to or failure of foundations, walls, supports or utility facilities and to prevent injury to any person. Such underpinning, sheet piling, bracing or equivalent means shall be inspected at least once each day or more often if conditions warrant. Every such inspection shall be conducted by an experienced, designated person. 12 NYCRR 23-4.4

Owners must also provide notice to neighbors regarding excavation and shoring and must file the appropriate building permit supported with engineering analysis and insurance.

Kushnick & Associates regularly handles litigation involving excavation and underpinning and insurance coverage disputes for the owner, neighboring owner, general contractor, sub-contractor and engineer, etc.