In representing hundreds of condos, coops and HOA’s across New York City, neighboring construction impact is a regular concern. It can range from access and protection licenses for neighbors to perform construction projects to physical, sound or nuisance impact. The scariest situations can be the physical impact and that just happened at 10th Fifth Avenue and a row house at 12th Fifth Avenue after their neighbor’s building construction at 14-16 Fifth Avenue became dangerous.
It started with falling debris and the impact then manifested itself physically. Department of Building inspectors ordered the evacuation of the residents after finding signs of movement with cracks and separation on the facade of 10th Fifth Avenue.
If there is concern about neighboring construction’s physical impact on a building, bringing in the correct team of professionals quickly can be critical. A structural engineer can evaluate the situation visibly and perform invasive testing regarding structural stability if necessary. Having a baseline established to monitor against is very important. The neighbor should have been monitoring vibration and impact from an engineering perspective on its neighbors and there is likely liability in this situation for the damages that have incurred. Engineers often recommend vibration monitoring devices which measure vibration and can be set to issue alerts above a certain level so that the baseline that is established can be checked to see if the vibration has affected the building being monitored.
Having the right team in place to protect a building being impacted is not something that a board should wait to do. Boards should be concerned about these life, health and safety issues and have a fiduciary duty to look out for the best interest of their owners and residents. There are ways to try to get the neighbor to pay for or reimburse the building for these services but even if they aren’t willing to do so voluntarily, being proactive can avoid damage and in some instances save lives.
Here’s an article on what the DOB found at 10th Fifth Avenue.
