Construction operations often have a significant impact on neighboring properties, and the industry is recognizing the need to set parameters and formal arrangements between and among neighboring property owners before construction takes place. This is particularly true in densely-packed urban centers. Robinson+Cole’s Construction Group lawyers are experienced in managing the complex dynamics involved in negotiating a license to access an adjacent property to install protections or monitor construction operations – whether on behalf of the developer or the neighbor.
We draft and negotiate access license agreements for projects of all types – commercial and residential developments, large capital improvements, and façade structural inspections – and sizes, from superstructures to one-level additions to condominium unit renovations. Consulting with design professionals, we discuss with our clients and their risk management teams the significance of the relevant construction and engineering drawings; site safety plans and schedules of work to be performed; applicable building codes and case precedent under applicable laws; controlled access zones; and other relevant considerations. We negotiate access terms on our clients’ behalf, such as the types of protections to be installed, e.g., support of excavation, sidewalk sheds and weather protections; license fees, if and when appropriate; pre-construction surveys and monitoring during construction; site security and measures to mitigate security risks; delay-deterrent damages clauses; and indemnification and repair obligations.
Our Construction Practice Group represents owners and other members of the design and construction team regarding the appropriate terms and conditions for access to adjacent properties when performing construction, renovations or façade inspections (or neighboring property owners that have been asked to provide access). These projects include hotels, condominiums, hospitals, office buildings, universities, multi-family dwellings, cooperatives, brownstones/rowhouses and single-family homes near or on lot lines. Each neighboring property has unique concerns or issues and we work with our client in navigating solutions that strike the right balance and protections. In the rare matter in which circumstances warrant, and when parties are unable to reach agreement or issues arise due to claims from construction on a neighboring site, we prepare or oppose court applications seeking judicial intervention.