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  1. #1

    Default Construction and Contractor Access Outside Client's Property Line

    My question involves a consumer law issue in the State of: Hawaii

    I have a client who has and up-slope property with retaining walls bordering two sides of their property.The face of the retaining walls are on the property line or just slightly encroaching into neighboring property. The retaining walls will be receiving a 6" thick concrete facing which will help stabilize the walls. Unfortunately, the 6" facing will surely create an encroachment into the neighbors property. Also, I will need to access the two adjacent neighboring properties to do the work.

    I have alerted my client that this proposed retaining wall repair project will create an encroachment greater than 6" and that my crew will need to access their neighbors property to perform the work. My client says he knows his neighbors and they are fine with the work. I don't think my client wants to go through the hassle of making a formal encroachment agreement or having them sign any agreement to allow my crew access to their property to do the work.

    I have one general condition to my contract that reads, "Any easements, boundary surveys, or permission to encroach on adjacent property if required by job conditions is the responsibility of Client." Is this sufficient to protect me?

  2. #2
    Join Date
    Oct 2016
    Posts
    2,650

    Default Re: Construction and Contractor Access Outside Client's Property Line

    It won't stop you from being sued and unless you have the clients statement that the neighbors are "fine with the work" it won't help much when you have to sue the client.

  3. #3

    Default Re: Construction and Contractor Access Outside Client's Property Line

    What's the best course of action?

  4. #4
    Join Date
    Nov 2013
    Posts
    6,085

    Default Re: Construction and Contractor Access Outside Client's Property Line

    Have your client get a temporary construction easement from the neighbor.

    Sample:

  5. #5
    Join Date
    Mar 2013
    Posts
    16,668

    Default Re: Construction and Contractor Access Outside Client's Property Line

    Quote Quoting budwad
    View Post
    Have your client get a temporary construction easement from the neighbor.

    Sample:
    Agree.

    And if you don't get the written documents signed by the neighbors I suggest you decline the job.

    Never rely on "I was told."

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