Legal Question in Civil Litigation in Florida

Construction Nuisance

I live in a single family home and there is a 9 story building being constructed in the lot directly behind my property. Ever since the begining of the construction my family has been plagued by the project. They have flooded my yard several times, ripped my electrical meter off the wall, covered my home and its surroundings in dust, and caused cracks in and around my home from all of the vibration, pounding and drilling. We've also watched as workers change clothes in front of our home. The contractor put up a fence that lays on our property and has not bothered to correct the problem. Also, a crane is lifting loads only several feet from my property and near power lines.

I've tried to get the city involved on some of these issues but so far they haven't don'e much for me. I'm feeling like this is a case of ''taxation without representation''. Can I hold the city and/or the contractor liable for hardships they've created.

Thanks!


Asked on 5/04/09, 10:06 pm

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Construction Nuisance

The city has nothing to do with it. Your claim is against the owner and the contractor for nuisance and tresspass. It sounds like you have tried to speak with the job forman and general contractor. You probably ought to write the owner and copy the contractor. Put your complaint in writing and be detailed about the damage they have caused. If you have done this, then it is unlikely they will stop without some formal response. Go get 'em.

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Answered on 5/05/09, 8:26 am


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