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Construction Next door causing Damage to our property

The lot next ot our home was an empty lot that a builder has begun construction on.  Starting with them digging out a basement, we are experiencing some extreme swings in settling issues (doors not latching one day to being really tight opening the next day or cracking in the driveway and garage starting from the construction site and leading into our home etc) and also the dust that is generating has now stained the light paint on our home.  After having talked to a couple of the neighbors, I have discovered that this is only the beginning of my problems - the roofers will cause the most damage with roofing nails that will scatter all over the place and onto my yard and driveway.  the last neighbor was relegated to street parking and keeping his kids indoors.  The builder sent the Warranty representative who in legal type language that any damage as a result of the construction process next door was NOT their responsibility or their contractors - "It's just part of the construction process".  Called the Sec Of State and ended up in a circle after having been transferred a few times.  Right now looking to find out if it's right for the builder to cause this much nuisance and harm to the neighbors.  Apparently the HOA can only file a complaint with the builder - which i have already done and not seen any response on.

  • September 01 2011 - Cumming
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Answers (6)

First, I am not an attorrney.  I would begin, as you have, by filing a complaint through the HOA.  Next, and you may have done this too, document everything.  Start a log, take photos, date whom you talk to and when.  All of it.  The more information you have, the stronger your case should you be forced to hire an attorney.

  • September 01 2011
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We have discovered there are members of the HOA who have experienced far worse than what i have been through so far and it's what's coming that causes me some concern.  HOA has filed a complaint with the builder and the neighborhood developer.  We're documenting very creatively using a camcorder and newspaper to prove dates.  So far we need to find a webside with residential building codes - the commercial codes are readily available out there - the residential ones are not.  From all the people i have talked to so far - they all state that there are potential code violations - if anyone knows where i can find GA residential code then i can research it myself.

thanks
  • September 07 2011
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It appears that Georgia uses the International Residential Code with some minor changes to the code. If you Google International Residential Code you will find sources where you can buy a copy.
  • September 07 2011
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Have you talked with the local building department, and the building inspector assigned to the construction?

If there are settling issues while they are doing soil compaction, or basement excavation, it appears that shoring may have been required that was skipped.

Normally, excavating requires a maximum of 1:1 slope from the bottom of any existing footings (unless shoring is used).  Thus if they are closer to your house than the depth that they are digging, they are either too close or are digging too deep.

On the other hand, if it is just the vibration from the heavy trucks..., then it was your foundation that was not prepared properly, and you will have to take that up with the contractor that built your house.
  • September 07 2011
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The builder is responsible for all damage to your home caused by the builder.  Document the damage with notes and photos and contact a local attorney.
  • September 07 2011
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Spend a few dollars and skeak to a real estate attorney, fast.
  • September 07 2011
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