How to Claim for Commercial Property Damage due to Improper Soil Compaction
Making a compensation claim for improper soil compaction beneath an office building is often a difficult procedure. A successful claim for commercial property damage due to improper soil compaction has to demonstrate that, at the time the foundations of the building were laid, the preparation work was inadequate and the soil shifted as a result. Proving negligence in these circumstances requires significant excavation beneath the office building, inconvenience and cost, before an engineer can determine that the constructorof the office building failed in his duty of care.
Improper soil compaction can have several serious of consequences. Among the most frequent is the appearance of cracks in the walls of the building, leaks emitting from beneath the soil and foundation erosion. These signs of a construction defect may take many years to manifest and it is important that once improper soil compaction beneath an office building is suspected, a lawyer is consulted to discuss the possibility of claiming compensation for commercial property damage due to a construction defect.
Making a Compensation Claim for Improper Soil Compaction beneath an Office Building
When commercial tenants have been affected by a construction defect, a compensation claim for improper soil compaction beneath an office building is made on their behalf by the owner of the building. On behalf of the commercial tenants, the owner of the office building can also claim compensation for the tenant´s property and financial losses if the construction defect results in the closure or interruption of their business.
The process for making a claim for commercial property damage due to improper soil compaction starts with a “Notice of Commencement of Legal Proceedings”. This is usually followed by a period of negotiation, during which time potential solutions to the issue of improper soil compaction are discussed before the case goes to litigation. Throughout the negotiation period, your lawyer will try to organize a satisfactory repair schedule and compensation for your loss of income, and often a successful resolution of your claim will be achieved in this manner.
Legal action is usually the last resort to recover compensation for property damage due to improperly compacted soil, and most frequently concerns who is going to pay for the repairs to your property and compensate you for your loss of income. It may not be the property constructor who is at fault in a compensation claim for improper soil compaction beneath an office building, but a sub-contractor against whose insurance policy the claim might have to be made.
Time Limits for Claiming Compensation for Property Damage due to Improperly Compacted Soil
Speaking with a lawyer at the earliest possible opportunity about claiming compensation for property damage due to improperly compacted soil is important because time limits exist in which to make your claim. Improper soil compaction is considered to be a “latent defect” – a construction defect that could not “reasonably” have been spotted at the time the office building was constructed – and therefore a claim for commercial property damage due to improper soil compaction has to be made within the Statute of Limitations for latent defects in your state – usually within ten years of “substantial completion”.
Time limits also exist for how long after improperly compacted soil has been identified the developer of your property is sent the “Notice of Commencement of Legal Proceedings”. This first stage for making a compensation claim for improper soil compaction beneath an office building initiates a period of negotiation in which a resolution to the problem is attempted before a claim for commercial property damage due to improper soil compaction goes to court.
If there is any avoidable delay in making a compensation claim for improper soil compaction beneath an office building, it is possible that your claim for commercial property damage due to improper soil compaction could be time-barred by your state´s Statute of Limitations. It may also be possible that the settlement of compensation for property damage due to improperly compacted soil fails to fully recover the cost of repairs if the construction defect is left unattended for an unreasonable period of time.
Speak with us about Making a Claim for Commercial Property Damage due to Improper Soil Compaction
If there are indications that your office building has sustained property damage due to a construction defect, you are invited to call our construction defects helpline and discuss the damage to your property with an experienced legal professional.
When you speak with one of our constructions defects lawyers, you will be provided with specific advice about making a compensation claim for improper soil compaction beneath an office building and be told about the procedures that have to be completed before a claim for commercial property damage due to improper soil compaction can proceed.
You are under no obligation to proceed with a claim for commercial property damage due to improper soil compaction once you have spoken with us, and all calls to our construction defects helpline are completely confidential. Our intention is to provide you with the information you need in order to come to an informed decision about whether you have a compensation claim for improper soil compaction beneath an office building which is worth your while to pursue.
Disclaimer: No two claims for compensation for property damage due to improperly compacted soil are the same, and we advise readers to seek independent legal advice relevant to their situation directly from a construction defects lawyer. Please note that nothing in the above article should be interpreted as legal advice or as creating a lawyer-plaintiff relationship.