January 2016

VibrationPropertyDamageDevelopers and construction firms often elect to use heavy equipment, blasting or pile driving in the performance of their construction projects.   If your property is in close proximity to a construction project where heavy equipment, pile driving or blasting is being used, your property may incur damage related to the vibration caused by these activities.

If you believe your property has sustained damage due to vibration-related sources, you can assess whether your damage was the result of vibration by using any of the following methods:

Pre-Construction Condition Surveys – Prior to beginning the construction project, the contractor most likely prepared a pre-construction condition survey of the properties adjacent to the construction project in order to document any existing damage to the properties.  This document may include photos and/or video of the properties, along with notations of any existing damage.  This document or report is usually available from the building contractor or developer.

Seismograph Reports – A seismograph can be used to monitor the vibrations being caused by the construction activities and to document the intensity of the vibration.  An analysis of this data would help determine whether the vibration intensities reached a level that could have caused damage to your property.

Historical Data – In some instances, there may be historical data as to the intensity of vibration caused by the use of certain equipment.  If such information is available, it may not be necessary to use a seismograph to assess the intensity of the vibration caused by specific construction activities.  This historical data may then be further analyzed in relation to the distance between your property and the equipment being used.

Property Inspection – The inspection of your property is the easiest and most obvious manner by which to assess whether your property has incurred damage from construction-related vibration.  Most importantly, you must determine whether the current visible damage pre-existed the use of the vibration-causing equipment by the construction company.  Clearly, if the damage to your property existed prior to the beginning of the vibration causing activities, the damage is not the result of such activities.

If you believe your property has been damaged by the use of heavy equipment, pile driving, blasting, or any other vibration inducing activities, you should contact an attorney with experience handling vibration damage claims.  Our firm has handled vibration damage claims on behalf of both residential and commercial property owners.