Legal Question in Real Estate Law in Illinois
I live in a condo. The condo recently had tuckpointing done to its exterior. While work was underway, the wind blew dirt and dust onto my neighbors car. The neighbor is now requesting a new paint job. Is the condo association legally responsible for repainting her car?
2 Answers from Attorneys
Not sure how "dirt and dust" can necessitate a new paint job. Seems a thorough washing should do the trick. If the contractor was negligent, there might be some liablility.
Sounds like this was a "real" tuckpointing job with grinding out of mortar joints. The city does have regulations about containment, but this is the contractor's responsibility. This should be a claim through the contractor's liability policy, assuming the Association was named as an additional insured for liability purposes. If no such insurance was in place, the Association may have to put the claim in to its own insurance company and let that company work it out with the contractor. An insurance adjuster would determine the appropriate "fix" and if the neighbor is dissatisfied his/her only recourse would be a lawsuit. The association's attorney should be consulted, because the dollar amount may or may not be an issue to consider.