The Importance of Enforcing Construction Access Licenses

In New York City, securing a construction access license is only part of the process—ensuring compliance and enforcing its terms is equally critical. Developers and property owners who encounter resistance, violations, or delays related to access licenses must be prepared to take legal action to protect their interests and avoid project disruptions.

Common Challenges in Enforcing Access Licenses

While access licenses are legally binding, disputes can still arise. The most common enforcement issues include:

• Non-compliance with Agreed Terms – If the property owner granting access imposes new restrictions or denies entry after signing the license, legal intervention may be required.
• Unauthorized Property Damage – Developers must adhere to agreed-upon protective measures, and failure to do so can lead to liability claims.
• Delays or Revoked Permissions – A property owner may revoke access midway through construction, causing costly interruptions.
• Failure to Pay Compensation or Security Deposits – Disputes can occur when developers fail to provide agreed-upon compensation to the adjoining property owner.

Legal Remedies for Enforcing Construction Access Licenses

When a party fails to comply with an access license, legal enforcement options may include:

1. Seeking Injunctive Relief
   If a property owner unlawfully revokes access or imposes new restrictions, a court-ordered injunction can require them to comply with the license’s original terms.
2. Filing a Breach of Contract Claim
   If a party fails to uphold their obligations—whether by refusing access, violating protective provisions, or neglecting payment terms—a breach of contract lawsuit may be necessary.
3. Pursuing an RPAPL § 881 Petition
   If a property owner denies legally justified access, developers can petition under RPAPL § 881 for a judicially mandated license, ensuring work continues without unnecessary delays.
4. Demanding Compensation for Damages
   If a property is damaged due to access-related activities, legal action may be needed to recover repair costs and additional damages.

Preventative Measures to Avoid Disputes

To minimize the likelihood of enforcement issues, property owners and developers should:

• Ensure All Licenses Are in Writing – Clearly outline scope, timelines, compensation, and protections to prevent disputes.
• Include Dispute Resolution Clauses – Mediation or arbitration provisions can help resolve conflicts efficiently without litigation.
• Monitor Compliance Regularly – Developers should conduct routine site inspections to ensure adherence to license terms.
• Engage Legal Counsel Early – A legal team can help negotiate and draft enforceable licenses that reduce the risk of future disputes.

Legal Support for Access License Enforcement

Whether you are a developer seeking to enforce a license or a property owner dealing with non-compliance, legal guidance can help protect your interests. James J. Corbett, P.C. provides representation in access license disputes, ensuring projects proceed without avoidable legal roadblocks.

Need Legal Assistance with an Access License Dispute?

If you are experiencing difficulties enforcing a construction access license, contact James J. Corbett, P.C. today.

📞 Call: 516.679.9494 (Uniondale) | 646.470.1107 (New York City)
🌐 Visit: JamesJCorbett.com

Related Articles

• Understanding RPAPL § 881 and Its Role in Construction
• How to Negotiate a Construction Access License
• Legal Compensation for Granting Property Access

Ensure your access license is enforced effectively—work with James J. Corbett, P.C. for legal solutions in NYC.