Who is liable for damage to adjoining property?

Construction on Land. A contractor is also liable for the damage caused by the contractor’s employees in performance of the work or construction. Even if there is no negligence by the contractor, he/she is held liable for damage to adjoining property caused by inherently dangerous instrumentalities employed in the work.

How does construction cause damage to adjacent property?

As a result, construction activities require the excavation of deep pits, often with vertical faces. Damage to adjacent properties can result throughout this process from inadequately shored excavation walls, or from vibrations due to demolition, excavation, or pile driving activities.

Can a contractor cause damage to your neighbour’s property?

In other words, this contractor assumes responsibility for the entire project and will engage any subcontractors and/or apply for approvals as required to get the work done. While carrying out the works, the contractor negligently caused damage to your neighbour’s property. Now your neighbour is suing you.

Who is liable for damage caused by an independent contractor?

At its heart, independent contractor liability is grounded in basic tort (fault) liability principles. The most basic liability principle is that if you are at fault in damaging another’s property or causing another to incur costs (e.g. repair costs), you are liable (or financially responsible) for that damage or cost.

What happens if construction works damage a neighbouring property?

However, in suburban or built-up areas where piling, excavation, demolition, underpinning or basement works are being undertaken, it must be seriously considered in view of the liability to which the Employer is exposed. It should be noted that the insurance has several key exclusions which are:-

What should I do if a contractor does damage to my house?

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.

Who is responsible for damage caused by another unit?

Instead, they want the unit causing the damage to pay for their repairs. We were told it is every unit owner’s responsibility to fix the damage in their own unit, even if the damage is caused by another unit. Do these owners have any recourse against the unit owner causing the damage?

Can a condo be held liable for damage to a neighbor’s property?

In any event, your condo owner’s policy is not going to cover damage to your neighbor’s property unless the damage is something for which you are or could be held legally liable. That the damage resulted from your leaking toilet does not necessarily mean you are or could be held legally liable.

Can a condominium association cover more than its share of damages?

Because of this gap, the association may be called upon to cover more than their share of damages in pure and modified joint-and-several liability states. To avoid this potential gap, the association may decide to require each unit owner to carry relatively high limits of liability coverage (maybe even an umbrella).

Can a neighbor claim for water damage to your home?

Answer: You usually should submit a claim with your own insurance company for the damage to your home, even if the pipe was on your neighbor’s property. Most homeowners insurance policies cover water damage from a leak that originates outside of the townhouse or condo unit, such as from an adjacent townhouse or unit.

Who is responsible for tree damage on your property?

The owner of the tree may be responsible for damage caused to a neighbor’s property but only if it can be found that the tree’s owner failed to properly maintain the tree. Generally such failure is considered to be “negligence” and a negligence owner can be liable for all damage resulting from such negligence.

Who is responsible for damage to a home?

The Resident will be liable for any damage to or deficiency in the room and its furnishings, fixtures and equipment, other than the damage and deficiencies noted on the room evaluation form.

Who is responsible for damage caused by a subcontractor?

CONTRACTOR shall be responsible for all damage to property, injury to persons, and loss, expense, inconvenience, and delay which may be caused by, or result from, the conduct of work under this Subcontract, or from any act, omission, or neglect of CONTRACTOR, its subcontractors, or employees.

Do you need insurance for an adjacent property?

Usually, construction companies require insurance to protect the neighboring adjacent properties as well as the adjoining properties. Once covered by insurance, if some damage happens to those properties, the construction company will not have to empty their pockets to pay for the repairs.