Is My Neighbor Liable for My Property Damage?

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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.

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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.



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Author: House Attorney