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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