In an era of booming new construction, projects located immediately adjacent to occupied Philadelphia row homes are numerous throughout the city. But with such growth comes great risk to these adjoining structures and the families living within. Damages to the neighboring family structure often include the loss of quiet enjoyment of the premises, forced evacuation, disruption, diminution of the home's market value, damage to the property's party walls and subsequent interior damage to the property, including microbial growth. The role of the construction attorney in this instance is to attempt to minimize the damage, effectively assert all relevant causes of action, and ensure that any applicable insurance policies are triggered.  Careless or negligent excavation practices have long been the main culprits in these cases, which are disastrous for both the contractor and neighboring family.

In a recent scenario, a Philadelphia family was displaced from their center city row home when negligent excavation, demolition and other construction at the adjacent property rendered their home unsafe. During the relevant period, the defendants' excavator was in conclusive control of the work site.  The excavator had run heavy equipment next to the party wall, which loomed three stories high for the entire length of the property bisecting the home and development lot.  While this matter resulted in litigation, such could have been avoided by following basic precautions.  In an effort to thwart damage to adjoining properties, new laws were enacted in Philadelphia applicable to permit applications involving excavation.  These requirements include, but are not limited to, a pre-construction survey, monitoring plan and, importantly, notifications to adjacent owners for specific work scopes that may directly impact the adjacent property.  Separate excavation permits, licensure requirements, and increased insurance and bonding are required by the new law and impacts excavation services resulting in cuts, trenches or depressions in the Earth's surface more than five feet below the adjacent grade (for example, basement dig-outs). A link to the new( requirements can be found here: https://www.phila.gov/services/permits-violations-licenses/apply-for-a-permit/building-and-repair-permits/get-an-excavation-site-permit/.