Construction Law Insights

Underpinning in Construction: Foundation Work and Legal Issues

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Underpinning strengthens or extends an existing foundation. For New York owners, developers, and neighboring property owners, the project also raises questions about permits, property access, monitoring, insurance, and responsibility for damage.

What is Underpinning?

Underpinning is a construction technique used to enhance the foundation of a building. It involves strengthening and stabilizing the existing foundation or extending it to a deeper level to ensure the building’s structural integrity. Underpinning is typically performed when the original foundation is insufficient, weakened, or when there are changes in the building’s load-bearing requirements, such as adding additional floors or supporting heavier structures.

When is Underpinning Necessary?

The following conditions warrant professional assessment; they do not establish, by themselves, that underpinning is required:

  1. Foundation Settling: Cracks appearing in walls, floors, or ceilings could be a sign of foundation settling. This happens when the soil beneath the foundation is unable to bear the building’s weight adequately.
  2. Uneven Floors: If you notice that your floors are no longer level, it may be an indication of foundation movement or settlement.
  3. Doors and Windows Issues: Sticking doors and windows or gaps between frames may indicate that the building’s structure is shifting, impacting their alignment.
  4. Visible Foundation Damage: Cracks, fissures, or crumbling in the foundation itself may suggest that it is failing and needs reinforcement.
  5. Adjacent Construction: Construction activities nearby can sometimes cause soil disturbance and affect the stability of neighboring buildings, necessitating underpinning.

The Underpinning Process

A qualified design professional should evaluate the existing foundation, soil conditions, adjacent structures, proposed excavation, and intended loads. The design, temporary support, construction sequence, inspections, and monitoring must suit the particular site. There is no single safe sequence that can be selected from a general article.

In New York City, the owner and project team should confirm the required design filings, approvals, permits, and inspection responsibilities before work begins. DOB provides owner checklists for shoring and underpinning and project requirements.

Benefits of Underpinning

Underpinning offers several advantages that contribute to the safety and longevity of a building:

  1. Increased Structural Integrity: Underpinning enhances the foundation’s load-bearing capacity, ensuring the building can support its intended use.
  2. Prevention of Further Damage: By addressing existing foundation issues promptly, underpinning helps prevent the escalation of structural problems.
  3. Safeguarding Property Value: A well-maintained and stable foundation can positively impact the property’s value and marketability.
  4. Future Expansion: Strengthening a foundation may support a proposed alteration, subject to the complete structural design, zoning requirements, and necessary approvals.

Legal issues to resolve before underpinning begins

  • Access and consent: Identify whether the work or protective measures require entry onto neighboring property or affect a neighboring foundation. Review the proposed access agreement and the scope of the work with counsel.
  • Existing conditions: Arrange appropriate surveys, photographs, and monitoring with the project professionals so the parties have a record of conditions before and during construction.
  • Responsibility and insurance: Review contracts, indemnity provisions, insurance requirements, and the process for responding to damage claims.
  • Project records: Keep plans, permits, inspection reports, monitoring data, notices, and correspondence organized. Promptly address concerns raised by an engineer, inspector, or adjoining owner.

Kushnick Pallaci represents clients in excavation and underpinning disputes and construction access agreements. Engineering design and construction methods should be determined by the qualified project professionals.

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For questions about construction contracts, payment disputes, mechanics liens, access agreements, insurance coverage, or project litigation, contact Kushnick Pallaci PLLC.