Kushnick | Pallaci PLLC Attorney At Law

The Builder Next-Door Damaged My Property: Now What?

The Builder Next-Door Damaged My Property: Now What?

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Owning a home is a significant investment, and homeowners often take great care to maintain their property. However, unexpected incidents can occur, such as a neighboring construction project that causes damage to your beloved home. When you find yourself facing property damage caused by a builder next-door, it can be a distressing situation. In this blog post, we will explore the steps you should take to protect your rights and property when facing such a scenario.

  1. Assess the Damage

The first step is to thoroughly assess the extent of the damage. Inspect your property inside and out, documenting all visible damages. Take clear photographs or videos to preserve evidence, as it may be useful later for insurance claims or legal proceedings. It’s essential to act promptly to ensure the accuracy of your documentation.

  1. Communicate with the Builder

Once you’ve documented the damages, it’s time to communicate with the builder responsible for the construction project next-door. Remain calm and professional during your interactions. Approach them politely and explain the situation, providing the evidence you’ve collected. Give them an opportunity to respond and address the issue.

  1. Check Local Building Regulations

Before confronting the builder, familiarize yourself with local building regulations and construction codes. The construction project may have violated certain guidelines, making it easier to hold the builder accountable for the damages. Understanding these regulations will help you build a stronger case if you need to take legal action.

  1. Mediation and Dispute Resolution

If communication with the builder does not yield satisfactory results, consider exploring mediation or dispute resolution methods. Sometimes, involving a neutral third party can help both parties find a mutually acceptable solution. Mediation can save time, money, and stress, preventing the situation from escalating into a prolonged legal battle.

  1. Notify Your Insurance Company

Contact your homeowner’s insurance company as soon as possible to report the damages caused by the neighboring construction. Most insurance policies cover accidental damages, but it’s crucial to be transparent and provide all the information they may require. Your insurance company will guide you through the claims process and assess whether the builder’s insurance should be involved.

  1. Consult Legal Counsel

If all attempts at resolution fail, it may be necessary to seek legal counsel to protect your rights and property. Consult an experienced attorney specializing in property damage cases to understand your options and the best course of action. They can help you navigate the legal complexities and represent your interests throughout the process.

  1. Gather Expert Opinions

Obtaining professional opinions and assessments can strengthen your case. Engage independent experts, such as structural engineers or appraisers, to evaluate the damage and determine the cost of repairs. Their unbiased reports can be instrumental in negotiations and court proceedings.

  1. File a Complaint with the Local Authorities

If the construction project violates building codes or regulations, file a complaint with the local authorities or building department (in NYC you can call 311). They will investigate the matter and take appropriate actions, which may include issuing a stop-work order or imposing penalties on the builder.

  1. Preserve Evidence for Litigation

In case the situation escalates to a lawsuit, preserve all documentation, communication records, photographs, and expert opinions. Organize them systematically to present a compelling case before the court.


Discovering that your property has been damaged due to a builder’s negligence next-door can be a harrowing experience. However, taking swift and appropriate action can protect your rights and ensure that you receive the compensation you deserve. From thorough documentation to exploring mediation and legal counsel, following these steps will help you navigate this challenging situation successfully. Remember, knowledge is your most potent weapon, and understanding your rights and local building regulations will empower you throughout the process.

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Kushnick | Pallaci PLLC Attorney At Law​

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