Damage to neighbor's house or street - who is liable?

  • Erstellt am 2018-03-31 18:29:34

Payday

2018-04-01 11:05:40
  • #1

if construction is taking place on my neighbor's property and something falls down and damages, for example, my garage roof, the question of fault is quite simple at first: my neighbor! I turn to him because he is responsible for what happens on his property. the neighbor, in turn, then contacts the company that caused the damage.
and as already said, such matters often go to court because no one wants to admit fault. unless it is of course completely clear, like a roof tile on the neighbor's car while the roofers are working.
 

toxicmolotof

2018-04-01 12:06:47
  • #2
I believe that for the OP it is less about the immediately visible damages.

It gets more interesting when the street's rainwater drainage channel has sunken because the concrete mixer rolled over it... or the pothole in the street because the roll-off container was set down crookedly and afterwards 28 trucks rolled over it. Or the crack in the neighboring house that wasn’t there before but suddenly is now because of the excavator back there...

Exactly all the really disputed cases.

By the way, it only helps to document everything beforehand. This applies to all parties.
 

Alex85

2018-04-01 12:39:44
  • #3
This also applies to construction roads. Here, the saleswoman is responsible for constructing them, but any repairs until final completion were not regulated in the purchase contract ... these are then gradual damages for which there are no dedicated causative parties.

Take out construction liability insurance. There’s nothing more you can do.
And if a service provider says “it’s not possible,” don’t force them.

Our architects now only build basements out of concrete because in one construction project, a truck once drove too close to the building wall and the outer wall of the basement below it shifted. The legal dispute is still ongoing.
 

Egon12

2018-04-02 00:35:51
  • #4
What were the basements made of before?
 

Alex85

2018-04-02 14:50:51
  • #5


Of course, masonry.
 

Nixwill2

2022-04-26 11:12:36
  • #6


Hello everyone, I want to revive this thread because I see the exact problem from the quote coming our way.

We currently had the first civil engineers on our property to get quotes. One of them made a small but important remark regarding the access road. He casually mentioned that before starting work he would register with the building authority that the street will probably be unusable after the construction work (that was roughly the wording).

[Briefly about the situation. It is a very old and steep, single-lane, maybe 300m long dead-end street that theoretically should have already been renovated a long time ago. Our property will be extensively worked on (about 40m of heavy 2m L-shaped stones as retaining wall; countless heavy trucks needing to bring in earth; crane; excavator; etc., and everything has to be brought up there and partially brought back down). One can easily imagine that the street will really be wrecked after the work.]

Could it happen that the renovation of the street will now be charged to us because we completely “broke” it? I learned last year that road works in this municipality are distributed to the residents according to the statutes. They will probably be very happy if they have to pay for the street I destroyed. Does anyone have any idea about this? Could that happen? Honestly, if this possibility exists, we might scrap the whole project because I have no idea what such a road renovation would cost, but it would definitely blow our budget, which is slowly reaching its limits due to some rainfalls...
 

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