Storm Property Damage: Documenting Losses and Preserving Insurance Claims

Reviewed September 7, 2026.

This article originally addressed Tropical Storm Hermine in 2016. The storm is historical; the following guidance concerns preparation and response to a new property loss.

Keep insurance policies, claim contacts, photographs and important business records in a secure location with a backup. After a storm, protect people first and avoid unsafe structures, electrical hazards and floodwater.

Document and report the loss

Notify potentially applicable insurers promptly. Photograph or video damage when safe, inventory damaged property, retain estimates and receipts, and confirm important conversations in writing. Take reasonable emergency steps to prevent additional damage, documenting conditions before alteration when possible. Coordinate nonemergency demolition and permanent repairs with the insurer’s inspection and policy requirements; do not discard useful evidence unnecessarily.

Wind, wind-driven rain, storm surge and flooding may be treated differently. Standard homeowners and renters policies generally exclude flood losses, for which separate coverage may be needed. Commercial property and builder’s risk terms require their own review. A storm’s name alone does not determine coverage.

The New York Department of Financial Services’ disaster guidance explains documentation and claims resources. Review any denial against the actual policy, endorsements and facts. Track proof-of-loss, appraisal, notice and suit deadlines separately; a complaint or negotiation does not automatically extend them.

Kushnick Pallaci PLLC assists clients throughout New York with property insurance coverage disputes. Contact 631-752-7100 or vtp@kushnicklaw.com.

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87 Chambers: Excavation Liability Depends on the Design Professional’s Actual Role

Reviewed September 7, 2026.

87 Chambers, LLC v. 77 Reade, LLC, 122 AD3d 540 (1st Dept 2014), distinguished the architect’s role from the engineer’s role after an adjoining building partially collapsed. The original headline blurred that distinction.

The architect obtained dismissal. Designing a building with a cellar and subcellar and knowing excavation would occur did not establish that the architect caused the excavation within Building Code § 3309.4. Its agreement did not assign excavation responsibilities, and the evidence did not establish the necessary negligence or control.

The engineer did not obtain dismissal of the excavation, negligence and related cross claims. Evidence raised questions about whether it substantially contributed to the excavation design and methodology, including recommended changes adopted over the excavation contractor’s objections. Those questions required further resolution; the court did not finally find the engineer liable.

Review duties and actual participation

Liability analysis should examine the code applicable to the work, causation, contract scope and what each participant actually did. A professional title or general site visits do not answer the question. Preserve drawings, revisions, meeting minutes, recommendations and objections showing who selected or changed the excavation method. Designers, contractors and owners should coordinate technical responsibilities, insurance and timely incident notice before a dispute develops.

Kushnick Pallaci PLLC assists clients throughout New York with excavation and design-related property damage litigation. Contact 631-752-7100 or vtp@kushnicklaw.com.

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Construction Collapse Response: Safety, Reporting, Evidence and Insurance

Reviewed September 7, 2026.

A construction collapse requires immediate protection of people and coordinated professional response. Call 911 for an emergency, evacuate or secure the area as directed, and follow responders’ instructions. Evidence collection must never delay rescue, stabilization or necessary safety measures.

Report and stabilize

For New York City incidents, follow DOB’s worksite incident reporting instructions. Injury incidents require immediate reporting and specified additional information within three business days. Equipment damage also has reporting requirements. Evaluate separate OSHA and other applicable reporting obligations promptly. Engage qualified engineers and authorized contractors; do not reenter or resume work contrary to an order.

Preserve the evidence that can safely be preserved

Record conditions from a safe location, identify witnesses, and preserve plans, site logs, monitoring readings, photographs, messages, inspection records and equipment information. Suspend routine deletion of relevant electronic records when litigation is reasonably anticipated. Coordinate any destructive examination or disposal with counsel, engineers, insurers and other parties as appropriate, while allowing urgent safety work to proceed.

Protect insurance and contract rights

Notify all potentially applicable insurers using the policy’s required procedure, including relevant liability, property, builder’s risk and additional-insured coverage. Keep proof of notice. Review contracts for incident reporting, delay notices, time-extension requests, indemnity and cooperation requirements. A certificate of insurance alone does not establish the scope of coverage.

Counsel can coordinate investigation and claims without substituting for emergency responders or engineers. Keep a clear record of why emergency measures were necessary and what they cost. This article addresses property damage, contractor defense and construction risk management; the firm does not handle plaintiff personal injury claims.

Kushnick Pallaci PLLC assists clients throughout New York with construction-collapse and property damage disputes. Contact 631-752-7100 or vtp@kushnicklaw.com.

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New York City Underpinning: Design, Access, Notices and Inspection

Reviewed September 7, 2026.

Underpinning and other support work can affect the stability of both the project and adjoining buildings. Qualified design and engineering review should determine the necessary method, sequencing, monitoring and inspections before work begins.

NYC Building Code § 3309.5 addresses underpinning or alternate support required to protect adjoining property. Its access provisions must be read with the other applicable code and property-law requirements. Refusal of access should be evaluated with counsel; it is not permission to proceed with an unsafe operation.

Use current filing procedures

DOB’s excavation guidance requires notice 24 to 48 hours before applicable earthwork, submitted through DOB NOW: Build for both BIS and DOB NOW jobs. Follow cancellation requirements if the schedule changes. Most work, including underpinning, requires permits and compliance with approved plans.

Arrange required special inspections, preconstruction documentation and monitoring under the code applicable to the job. The old article’s 2010 form references and stalled-site bulletin should not be treated as a complete current checklist.

Obtain a properly documented access agreement or appropriate court relief under RPAPL 881 before entering neighboring property. Coordinate plans, insurance, duration, protection, restoration and damage responsibility. DOB inspections do not relieve project participants of their own duties.

Kushnick Pallaci PLLC assists clients throughout New York with underpinning and adjoining-property disputes. Contact 631-752-7100 or vtp@kushnicklaw.com.

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New York City Building Oversight: Use Current Agencies and Code Requirements

Reviewed September 7, 2026.

The original post discussed Assembly Bill A01317, an older proposal for an independent building review agency. It should not be relied on as a description of today's approval or complaint process.

The New York City Department of Buildings publishes its current unit responsibilities and Construction Code resources. The responsible office and procedure depend on whether the issue concerns an application, permit, inspection, unsafe condition, violation or appeal.

Build a project-specific record

Identify the property, job and permit numbers; collect approved plans, objections, inspection results and written agency determinations; and confirm which code edition and later amendments apply. Different agencies may have separate authority over zoning, landmarks, fire safety or other issues.

A permit or agency inspection does not by itself resolve private property rights or a construction-contract dispute. If neighboring access, damage or a stop-work issue arises, coordinate the regulatory response with the relevant contract and property remedies.

Kushnick Pallaci PLLC assists clients throughout New York with construction disputes and regulatory issues. Contact 631-752-7100 or vtp@kushnicklaw.com.

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Protecting Neighbors During Construction: Security, Insurance and Access Terms

Reviewed September 7, 2026.

This article originally discussed 2011 Assembly Bill A706, an escrow proposal for neighboring-property damage. Its proposed fund and 60-day claims process should not be assumed to govern a present project.

Use the protections available for the actual work

A negotiated access agreement can address the work, protection and monitoring, insurance, restoration, security where agreed, and procedures for reporting and resolving damage. The amount and release of any security should be stated clearly.

The current RPAPL 881 governs qualifying court applications for adjoining-property access after permission is refused. It addresses documents, insurance, duration, compensation and responsibility for actual damage. It does not establish the old proposal's automatic project-cost escrow and 60-day recovery procedure.

Before neighboring work begins, document existing conditions and obtain relevant plans and coverage information. If damage occurs, prioritize safety, preserve evidence and promptly investigate insurance and legal remedies. Do not wait for a supposed statutory escrow process that has not been established for the project.

Kushnick Pallaci PLLC assists clients throughout New York with construction access agreements and neighboring-property protections. Contact 631-752-7100 or vtp@kushnicklaw.com.

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Notifying Adjoining Owners Before New York City Construction Work

Reviewed September 7, 2026.

The original article discussed an older proposal for 30-day delivery of insurance and permit information. Current notice obligations must be checked under the code and law governing the project.

Under NYC Building Code § 3309.1.1, a construction or demolition project requiring adjoining-property access under that section requires written notification at least 60 calendar days before work. The notice describes the work, schedule, monitoring, protection and project contacts. If unanswered, a second notice is required between 45 and 30 calendar days before commencement.

Notice is not permission to enter

Confirm applicable code provisions, filing dates, later amendments and any other notices required for the work. Obtain an access agreement or appropriate court relief before entering neighboring property.

RPAPL 881 provides a separate procedure for qualifying access applications, including its own refusal and notice provisions. Do not confuse those provisions with the Building Code timetable. Keep copies and proof of delivery, and allow time to resolve objections before scheduling work.

Kushnick Pallaci PLLC assists clients throughout New York with adjoining-property access and RPAPL 881 proceedings. Contact 631-752-7100 or vtp@kushnicklaw.com.

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Insurance for Excavation and Underpinning Damage: Read the Exclusion

Reviewed September 7, 2026.

Damage from neighboring excavation may raise both a claim against the responsible parties and a claim under the damaged owner's property policy. These are separate routes with different requirements.

Pioneer Tower and the later Bentoria decision

In Pioneer Tower Owners Assn. v. State Farm Fire & Casualty Co., 12 NY3d 302 (2009), the Court of Appeals held that the particular earth-movement and settling-or-cracking exclusions did not unambiguously exclude the neighboring-excavation loss.

But Bentoria Holdings, Inc. v. Travelers Indemnity Co., 20 NY3d 65 (2012) enforced an earth-movement exclusion expressly extending to man-made or artificial causes. Pioneer therefore does not establish universal coverage for negligent excavation or underpinning.

Preserve the evidence and policy rights

Arrange an appropriate engineering assessment, document the condition before and after the work, and protect the property from further damage without compromising safety. Notify potentially applicable insurers promptly and retain the complete policies, endorsements, photographs, monitoring records and repair estimates.

Review causation, all exclusions and conditions, proof-of-loss duties and suit limitations. A demand for coverage is not necessarily enough to preserve the time to sue.

Kushnick Pallaci PLLC assists clients throughout New York with property-damage insurance coverage. Contact 631-752-7100 or vtp@kushnicklaw.com.

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