Legal Question in Construction Law in California

Home builder construction

There has been construction next to my complex in the past 5-6 months. The problem is they keep blocking the clearance of my garage and the space between my house and the scaffolding is beyond what my other neighbors who paid less for their houses had to deal with. In addition they kept leaving materials in front of my garage blocking the fence and moving the fence further out. We had some minor damages for our cars trying to get into our garages. When I contacted the builder and asked what they intend to do about the damages they said that they weren't responsible and that I was negligent! They even went so far as to tell me that if the construction materials were in my way I should move them myself! Considering it is not my responsibility, when I could move it things such as the fence I tried, but with heavy material I am not capable of moving it nor would I want to as I could injure myself. Is anything I could do from a legal perspective?


Asked on 11/07/07, 10:28 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Home builder construction

Sure, but is it practical?

Your two main alternatives would be to sue in small claims court for money damages for trespass. Many of the problems you allege seem to be trespasses to your property or to your easements. The problem is that a small claims court can only award money damages for past trespasses; it cannot enjoin future trespasses. Also, how much money damages can you prove? Any trespass entitles you to at least nominal damages, but how good would you feel about being awarded $10 plus your filing fees? And as to the damage to your cars, while you could allege that the builder negligently or trespassorily left material where he shouldn't, the comeback is that you were contributorily negligent by your driving into it.

The othr alternative is to sue in superior court, asking for a temporary restraining order and an injunction, but the cost to prepare, file and prosecute even the early phases of a superior court TRO action will run into the thousands of dollars for filing and attorney fees.

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Answered on 11/07/07, 12:45 pm


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