Wednesday, March 23, 2011

Proposed Amendment Requires Notice to Adjoining Owners When Construction, Excavation or Demolition Work Will Take Place

Assembly Bill A00317 provides that on construction projects within the City of New York a notice shall be provided to adjoining property owners when construction, excavation or demolition work will take place.  In the five boroughs of New York City work in close spaces is common and often construction on one lot will pose a risk to the adjoining lot - especially if the adjoining lot has a structure on or close to the property line.  The proposed amendment to the law would add a requirement that "proof of such insurance together with the permit shall also be provided to the owners of adjoining property thirty days prior to the commencement of the construction, excavation or demolition work."  This requirement will likely save aggrieved property owners a significant amount of time as they will already have the insurance information for the parties involved in the construction should something go wrong and the adjoining property be damaged.

We will continue to monitor this amendment to see if it is approved and signed into law.

Vincent T. Pallaci is a partner at the New York law firm of Kushnick Pallaci, PLLC where his practice focuses primarily on the area of construction law.  He can be reached at (631) 752-7100 or

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