home damaged by new construction (sales, property, contractors, state)

[veronica carlson]

We are in the center of new construction. Our home has already had minor damage 3 times which has been fixed. They are building a new home the usual 5 feet away from my home which is 13 feet longer than my home. I have an extended patio and am concerned when they paint spray the home they will ruin my patio screen. I asked a worker if they would cover my patio but they said it wasn't in their contract. There has already been a problem with this new home because I was told by the sales rep a long home would not be built there and I paid 3 grand for a lot premium for the pond now I find out lot premium can mean a number of things so that was wasted money. We have a larger corner lot but the larger corner lot being built next block has no pond view and no lot premium (allegedly). The worker told me not to anticipate problems. I know how a power spray painter works and basically there is about 100% chance of damage happening. I tried to contact the builder when the initial survey was done for this home since we were lied to initially and it was just a spec home but after 4 phone calls was never contacted, so I am probably already listed as a "troublemaker". I don't want to sue after I don't want the problem to happen.

[tilli]

I know you shouldn't have to do this, but why not just save yourself a lot of hassle and cover the screen yourself?

[Keeper]

If you don't want to cover it yourself which is a good suggestion to prevent more headaches.

If you are concerned take a photo or video of the patio before and the house unpainted. If you are home when they paint take a photo/video of them doing that so you will have it on tape. If there is damage then you have documented proof

[BucFan]

Interesting topic - I have an open lot also and can imagine the issues related to the construction encroaching on my property. The builder has got to be responsible for the actions of the contractors. I expect to have a conversation w/ their representative before any building starts.

[chaotix]

Photo/video is crucial as suggested and since there is no phone contact, follow up with written correspondence to builder and cc all pertinent parties.

[lawmom]

It never hurts to send that written correspondence via certified mail, return receipt requested, either.

[DMenscha]

Originally Posted by veronica carlson

We are in the center of new construction. Our home has already had minor damage 3 times which has been fixed.

Oh it's been fixed. So your not out anything then?

They are building a new home the usual 5 feet away from my home which is 13 feet longer than my home. I have an extended patio and am concerned when they paint spray the home they will ruin my patio screen. I asked a worker if they would cover my patio but they said it wasn't in their contract.

By all means ask someone who has no authority to act. Ask his boss to prevent the overspray from landing on your screen.

There has already been a problem with this new home because I was told by the sales rep a long home would not be built there and I paid 3 grand for a lot premium for the pond now I find out lot premium can mean a number of things so that was wasted money. We have a larger corner lot but the larger corner lot being built next block has no pond view and no lot premium (allegedly). The worker told me not to anticipate problems.

Good advice from the worker.

I know how a power spray painter works and basically there is about 100% chance of damage happening.

Good advice from the worker. The saying "better to light a candle than curse the darkness comes to mind".

I tried to contact the builder when the initial survey was done for this home since we were lied to initially and it was just a spec home but after 4 phone calls was never contacted, so I am probably already listed as a "troublemaker". I don't want to sue after I don't want the problem to happen.

So a sales guy lied to you and you hold the builder responsible?

Good luck. Certainly you must have known that homes stacked on top of each other make for very close quarters. What kind of neighbor are you going to be when someone buys the place?

[Mar1lyn27]

Is it possible for you to contact the owner of the property?
Cordially introduce yourself and express your concerns?
Maybe there is an ordinance in the bylaws of your county concerning this?
It may not work but I'd think it's worth trying.
This could avoid the problem entirely.

[rozoord]

Yes, what he said is true. try to follow these things, you can definitely get some feed back from the builder. And also try to meet the owner of the construction and let them explain the problem, it would helps you,,,,

Moderator cut: url removed

[veronicacarlson]

Noone owns the property but the builder. The builders rep lied to us about a few things and being our first home, we were taken for about 10 grand for promises we didn't get in writing. It had nothing to do with this original question it just shows the character of the builder.

I may have overstated when I said repairs were made. For example a worker doing sod work accidentally tore out our sprinkler head and line they were obviously not concerned because they threw the head in the middle of our yard if a neighbor that viewed the incident wouldn't have told me I would have wondered why my sprinklers didn't work. I called the builder and I came home and half front yard is dug up with plants. Too bad the error was in the back yard. They shoved everything back in the front and told me the grass would level out sooner or later. this was the general quality of the repairs.
WHY is there damage. Our yard was a good cut-thru....Sure, why go the long way with this heavy equipment I can take it right over these peoples sidewalks. You can guess how that went so don't underestimate what I have already had to arrange to have repaired

What kind of neighbor would I be? What kind of neighbor would you be if your neighbor continually damaged your property in some cases severly because they were too lazy to walk 20 feet to avoid the problem?

As an update after this posting my property was damaged AGAIN before the painting ever began. When they came to fix that I told the rep to stand by my screened porch so I could take pictures of how things looked before they started spraying after this they did cover my porch, so thanks for that advice.