Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
My townhouse shares a wall with the townhouse next door. The hammering and pounding from a remodeling job on their side of the wall sends dust into my home and has caused concrete on my side of that wall to crumble. The property owner claims he’s not at fault. Is this true?
Probably not. While it’s certainly true that the contractor is primarily responsible for any damage caused by the work they’re doing, the property owner is usually the one who hired the contractor, and therefore would be responsible as well.
You might get some traction by framing the question as an insurance issue. Your homeowner’s insurance will seek contribution from theirs for this sort of damage.
Have you tried talking to the contractor directly? They may be able to suggest some ways to minimize the damage in the first place, as well as cleaning up after it.
