Is My Neighbor or the Construction Company at Fault for Damages to My Property?

If your neighbor is having remodeling done and you sustain damage to your property in the process, you’re probably wondering who is at fault. Here at Oldham & Smith Attorneys at Law, we want you to be fully aware of your legal rights in these confusing situations. It’s always best to know where to turn for a trusted and experienced opinion.

What Should You Do After the Accident?

When you first notice that your property has been damaged, the very first thing that you’ll want to do is inform your neighbor so that they are aware of what the damage is and when you noticed it. If the contractor they’re using has liability insurance, then your neighbor should be listed as being additionally insured under that policy for this exact reason. If the contractor does have liability insurance, then it should take care of the damage. In any case, get the construction company or contractor’s contact information so that you can be in direct contact with them as well as their insurance company. It’s also a good idea to take pictures of the damage for your records. Be sure that you include dates and times as well.

Who Is Responsible for Keeping the Job Site Safe?

Legally, it’s the construction company or contractor’s job to keep the job site safe. As industry experts, they should be aware of the latest safety measures they need to take to keep you and your neighbor safe. Since you have no control over who your neighbor hires for their remodeling project, your neighbor assumes the risk involved with hiring a disreputable and untrustworthy contractor or construction company. Unfortunately, you might wind up having to bear the brunt of their poorly made decision if your property is damaged.

What Are Your Rights?

If your property becomes damaged, you are entitled to receive financial compensation since you shouldn’t be made to pay for someone else’s mistake. If the contractor isn’t insured, your neighbor’s home insurance might take care of the damage as long as they have liability coverage. If they don’t have coverage, or if they don’t have enough coverage, you’ll be much better off turning to an attorney rather than dealing with the issue on your own. An attorney will be aware of property rights and insurance laws and will fight to make sure that you get the compensation that you deserve.

If your property has been damaged while your neighbor was having construction done, schedule a free consultation with an Oldham & Smith attorney today.


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