Developer ongoing construction causing damages to property

[rick nat]

There's a developer working on a 17 units townhouse project next to my property, and they seem quite full of themselves. Unfortunately, their construction work is causing real damage to my property – the walls holding up the ground, the paths I use, the patio, swimming pool filters, and even the new plastered surface of my swimming pool.

Because of their work, I'm in a tough spot. The walls, paths, and the new pool plaster are all getting seriously affected, and I'm dealing with a bunch of problems. There's dirt everywhere due to the construction, the noise from their work is relentless and really bothering me, I have to clean the paths and pool filters much more frequently than usual, and my cars are always getting dirty. So, I'm stuck washing them much more often than I'd prefer. This has been going on for over a year, and I'm pretty much at my limit.

I'm starting to consider if I can take legal action against the developer to make them pay for the damage they've caused. My goal is to have them cover the costs of fixing the walls, paths, and pool. But there's another thought bothering me – could I ask for more if I end up in court? Beyond just repairs, could I request compensation for all the troubles I've been dealing with? This might include the constant noise, the endless dirt, the extra cleaning for the paths, the pool filters, washing away all the dirt on walls and patio, and the frequent car washes.

So, what I'm mainly wondering about is:

1. How can I make the developer legally responsible for the damage to my walls, paths, patio, new pool filters, and the new pool plaster, as well as the torn pool filters from too much dirt?
2. Can I ask the court to make the developer pay for more than just fixing things? Is it possible to seek extra money for the various difficulties I've been facing, like the noise, dirt, constant cleaning, and car washing?

 

[Just Blue]

I have an arrogant developer's ongoing construction causing damage to my retaining walls and pavements. What can I do to sue to recover the damage and the headache of dealing with the dirt and the noise for over a year? If I can take them to court to recover the cost of repair, what else can I ask for, for compensation for my suffering?

What State?

 

[rick nat]

What State?

I live in California.

 

[quincy]

I have an arrogant developer's ongoing construction causing damage to my retaining walls and pavements. What can I do to sue to recover the damage and the headache of dealing with the dirt and the noise for over a year? If I can take them to court to recover the cost of repair, what else can I ask for, for compensation for my suffering?

You can sue to recover the costs for repair of the damage to your property. You will not be compensated for the headaches of dealing with the dirt and noise.

Have you reported the damage to your insurer? If not, you should.

 

[rick nat]

You can sue to recover the costs for repair of the damage to your property. You will not be compensated for the headaches of dealing with the dirt and noise.

Have you reported the damage to your insurer? If not, you should.

The developer's supervisor arrives to inform me that they do not accept liability for pre-existing cracks on my walls and pathways, even if these cracks might worsen due to their adjacent construction work. He seems pretty confident in his believe that if I were to take them I would not be compensated.

 

[doucar]

The developer's supervisor arrives to inform me that they do not accept liability for pre-existing cracks on my walls and pathways, even if these cracks might worsen due to their adjacent construction work. He seems pretty confident in his believe that if I were to take them I would not be compensated.

You really expected them to assume liability, he is paid to say that.

 

[rick nat]

You really expected them to assume liability, he is paid to say that.

Is what he's saying is true in legal term?

 

[quincy]

The developer's supervisor arrives to inform me that they do not accept liability for pre-existing cracks on my walls and pathways, even if these cracks might worsen due to their adjacent construction work. He seems pretty confident in his believe that if I were to take them I would not be compensated.

Do you have evidence to support your contention that the existing cracks on your walls and pathways have worsened significantly because of the construction next door and that the construction damaged your pool? Before and after photos, perhaps?

Did you report any of this damage to your insurer?

 

[doucar]

Is what he's saying is true in legal term?

no way to know what a judge will say, but as a maxim it is not accurate without proof in court.

 

[quincy]

... they do not accept liability for pre-existing cracks on my walls and pathways ...

The developer’s supervisor is correct in saying that they are not responsible for repairing any property damage that existed prior to their work. If you had cracks before the work next door began, those cracks were and are your responsibility to repair. If the cracks became significantly greater because of the work next door, you will have to show that it was not your failure to maintain your property properly that led to the widening of the cracks. This could be a tough sell.

Here is a link to the Small Claims process in California, should you decide to proceed with a claim:

https://selfhelp.courts.ca.gov/small-claims

 

[rick nat]

The developer’s supervisor is correct in saying that they are not responsible for repairing any property damage that existed prior to their work. If you had cracks before the work next door began, those cracks were and are your responsibility to repair. If the cracks became significantly greater because of the work next door, you will have to show that it was not your failure to maintain your property properly that led to the widening of the cracks. This could be a tough sell.

Here is a link to the Small Claims process in California, should you decide to proceed with a claim:

https://selfhelp.courts.ca.gov/small-claims

Thank you for the information.

 

[quincy]

Thank you for the information.

You’re welcome, rick nat. We appreciate the thanks.

I hope the construction next door ends soon.

Good luck with whatever you decide to do.