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Real Estate

Property Damage Litigation

A crack appears in your wall after excavation next door, water comes through the ceiling from the unit above, or a contractor's work leaves the building worse than before. The damage is visible; the path to getting it paid for usually is not.

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01 GUIDE

Property Damage Litigation: what usually happens

Where these claims come from

In New York City, construction next to an existing building is a frequent source of damage, and the city's building rules place obligations on those excavating near adjoining property. Owners who need access to a neighbor's property to make repairs can ask a court for a license if the neighbor refuses, which often becomes part of the same dispute. Water damage between condominium or cooperative units raises questions about who maintained the pipe or fixture and what the governing documents say. Claims against contractors usually turn on the contract and the quality of the work.

Documenting and valuing the loss

Photograph and video the damage as soon as you notice it, and keep dated records of how it progressed. Report the loss to your insurer promptly; an insurer that pays may later pursue the responsible party itself. Repair estimates, engineers' reports, and invoices establish the cost of fixing the damage, and in some cases a decline in value is also relevant. Avoid discarding damaged items or completing major repairs before the other side has had a chance to inspect, unless safety requires it, and talk with your lawyer about how to give that notice.

Bringing or answering the claim

If a city agency or other public entity caused the damage, a notice of claim is usually required within a short period, and missing it can end the claim. Otherwise, limitations periods vary depending on whether the claim sounds in negligence, contract, or another theory. We identify who may be responsible, including contractors and subcontractors, and which insurers are involved on each side. Many property damage litigation matters resolve through negotiation once the evidence is organized, but some proceed to trial in State Supreme Court. Where the damaged space is a condominium or cooperative unit, the building's insurance and governing documents can shift who pays for which part of a repair.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

05 HOW WE WORK

Client-centered service across jurisdictions

Global Coordination & Expertise

We deliver coordinated and effective legal services to our clients, utilizing our extensive legal resources and experienced attorneys in our well-integrated global network. Through our Washington D.C. and New York offices, together with our alliance

Multilingual & Cross-Border Communication

Our attorneys are experienced in both domestic and international matters and, with fluency in various languages, provide clear and consistent communication at every stage of your legal process.

Client-Centered Approach

Client service lies at the heart of our operations. From the initial consultation, we prioritize understanding your situation, listening to your goals, and providing regular updates and strategies tailored to your individual case.

Multidisciplinary & Efficient Solutions

Our multidisciplinary approach and established processes enable us to address cross-border challenges with efficiency.

06 OFFICES

Where we meet clients

Consultations are available in person or remotely.

New York

285 Fulton Street, New York, NY 10007
(855) 529-7557

Washington, D.C.

Suite 985, 1717 K Street NW, Washington, DC 20006
(855) 529-7557

Los Angeles

1901 Avenue of the Stars, Suite 820, Los Angeles, CA 90067
(424) 561-7557

Attorney Advertising. This page is general information about property damage litigation and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.