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Construction Industry/residential damage from adjacent construction

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Expert: - 9/27/2007


Question
my home was damaged when piles of dirt/sand/debris piled at adjacent construction site sand-blasted my windows/facing wall.  company apologized but no repairs have been made.  i'm insured but a claim will raise my rates.  your thoughts?

Answer
Mark,
Licensed contractors and jobs that have a permit, must carry insurance.  Don't let them get away with just an apology!  The type of damage you described is exactly why they are insured.  In my area, all construction sites are surrounded by a "silt fence" to stop blowing sand and debris.  Find out, by looking at the job permit or inquiring at the Bldg. Dept. who is the owner of the project.  It may be the contractor but generally it is someone or some other company.  Contact them by certified mail (return receipt requested) with a copy to the contractor, a copy to the Chief Bldg Official in your city and a copy to your insurance agent.  Describe in a concise but direct manner what damages you have suffered and what you expect them to do to remedy the condition - replace glass, repaint the house after sanding and smoothing the siding so that it looks the same - and perhaps you may ask that the entire house be painted.  And add that if you don't hear from them within 5 business days, the next person they will hear from is your attorney.
As I said, that is exactly why contractors and owners are required by law to carry insurance.  Don't let them buffalo you.  And don't hesitate to contact an attorney.  When you win the case the contractor/owner will be responsible for your attorney's fees also.  At least that's the case in my state.  I have had similar experiences - damaged cars, fences, buildings, etc.  Over-spray paint, blowing sand, pile drivers, dynamite,
etc.  It's difficult, when in close quarters, to avoid some minor mishap - sand is difficult to control but they should have covered the sand with tarps to prevent the blowing.
 
I hope this is helpful.

Roger

Construction Industry

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Roger Zona

Expertise

I am experienced in all types of construction: residential, industrial and commercial; single family, multi-family, mid-rise and high rise buildings (16 story office building) as well as remodeling, additions and tenant improvements. I can field most any question that relates to general construction. I have consulted with infrastructure (utility) contractors also and have a good general knowledge of underground utility construction for subdivisions and commercial projects.

Experience

After college, I began my career in the construction industry. I chose to become an apprentice Architect and 4 yrs later I opened my own architectural design firm. Six years later I moved to Florida to buy & develop land and build. I became a State of Florida Certified General Contractor and operated my business for 45 years. I built all types of residential and commercial buildings including warehouses, shopping centers, high rise apartments and office buildings and developed sites for other contractors. I retired and became a consultant to the construction industry. I maintain my license and continuing education requirements, operate a small construction company and write a weekly newspaper column for the Palm Beach Post (a Cox publication) with the byline "Ask The Contractor". I am the "technical editor" for a publisher of books that relate to home maintenance.

Organizations
Previously - NAHA Currently - FLCA (Florida Licensed Contractors Assoc.)

Publications
Palm Beach Post newspaper - weekly Q & A column Happy Herald monthly real estate publication - monthly column

Education/Credentials
Michigan State University University of Detroit BS in Engineering

Past/Present Clients
I built a home in Palm Beach for a member of the Pulitzer Family. I was responsible for the completion of a twin hi-rise condominium project for G.E. Credit. I was a partner in the successful development of a P.U.D. (Planned Urban Development) subdivision. I represented the largest home builder from France (Bati Service, S.A.) in the development of a subdivision and the design and construction of the homes.

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