New York City construction projects often affect neighboring buildings—and not always in good ways. If your property has been damaged due to nearby construction, you may be wondering what your legal rights are and what actions you can take to address the situation.
This post outlines the key steps property owners should consider if they believe their building has been damaged by adjacent construction work in NYC.
1. Document the Damage
The first and most important step is to document all damage:
- Take clear photos and videos of any cracks, leaks, vibrations, or structural issues.
- Note the dates and times the damage was noticed.
- Keep records of any correspondence with your neighbor, their contractor, or the NYC Department of Buildings (DOB).
Hiring a licensed engineer to evaluate and document the damage is also recommended.
2. Determine Whether a License Agreement Exists
In many NYC construction projects, the property owner is legally required to obtain a license agreement to access or affect a neighbor’s property. If your neighbor failed to obtain one—or breached its terms—you may have grounds to seek legal action.
If no license was granted, they may be in violation of New York Real Property Actions and Proceedings Law. Learn more about RPAPL § 881 license proceedings here.
3. Report the Issue to the NYC Department of Buildings
If you suspect the construction is unsafe or causing damage:
- Report it by calling 311 or using the NYC DOB online portal.
- Inspectors may issue violations, stop-work orders, or require changes to construction methods.
While DOB won’t resolve private disputes, its findings may support your legal case.
4. Consider Legal Remedies
If you’ve suffered damage, you may be entitled to pursue legal claims such as:
- Negligence – against the contractor or developer.
- Trespass – for unauthorized access or encroachment.
- Nuisance – for interference with your use of the property.
- Violation of NYC Building Code § 3309 – in cases involving excavation or underpinning without proper safeguards.
Visit our property damage litigation page to learn more about how we handle these cases.
5. Speak with an Attorney Familiar with Construction Damage Claims
Retaining an attorney experienced in construction litigation can make a substantial difference in protecting your rights and resolving disputes.
At Kushnick Pallaci PLLC, we have extensive experience representing NYC property owners in adjacent construction disputes. We understand the complexities of the NYC Building Code, license agreements, and contractor liability.
Protect Your Property. Know Your Rights.
If your building has been damaged by your neighbor’s construction, don’t wait. Delaying action may make your claim harder to prove and could allow the damage to worsen.
Contact Kushnick Pallaci PLLC today for a consultation.
Call us at (212) 752-7155 or visit www.nyconstructionlaw.com.
ATTORNEY ADVERTISING: Prior results do not guarantee a similar outcome. This post is for informational purposes only and does not constitute legal advice. To obtain legal advice about your specific situation, please contact a licensed attorney.