In the dense urban landscape of New York City, construction projects often require access to adjoining properties. Whether you are a developer seeking access or a property owner being asked to grant entry, a well-negotiated construction access agreement is crucial to protecting your interests.
At James J. Corbett, P.C., we help clients navigate the complexities of access agreements to minimize risk, maximize compensation, and avoid costly disputes. Below are the key strategies for negotiating a favorable construction access agreement.
- Clearly Define the Scope of Work
The first step in any access agreement is to clearly outline the scope of work to prevent future disputes. This should include:- Type of work (e.g., facade repairs, scaffolding installation, excavation, underpinning).
- Exact locations of access (airspace, rooftop, side yard, basement, etc.).
- Duration of access (specific start and end dates).
- Permitted work hours to minimize disruption to the adjoining property.
- Negotiate Fair Compensation for Access
Property owners granting access should ensure they are fairly compensated for the inconvenience, potential loss of use, and risk involved. - Ensure Adequate Insurance and Indemnification
Construction projects come with significant liability risks. The access agreement must include:- Comprehensive insurance coverage naming the property owner as an additional insured.
- Indemnification clauses to ensure the developer assumes responsibility for any damages or injuries occurring during access.
- Limit Project Disruptions
Access agreements should include strict limitations on how the project impacts the adjoining property, including:- Noise restrictions (e.g., no work before 8 AM or after 6 PM).
- Prohibited work on weekends or holidays.
- No heavy machinery or hazardous materials stored on the property.
- Mitigation measures to prevent dust, debris, and vibration damage.
- Establish a Strong Exit Plan
- Many disputes arise when projects exceed their timeline and property owners are left dealing with prolonged disruptions. A well-structured exit strategy should include:
- Strict deadlines with financial penalties for delays.
- Obligations for property restoration to its pre-access condition.
- Final inspections to ensure compliance before the agreement terminates.
- Prepare for RPAPL § 881 Proceedings
If negotiations fail and access is denied, a developer may petition the court under RPAPL § 881 for a judicial license. However, courts balance the necessity of access with the burden placed on the property owner.
Conclusion: Protect Your Interests with an Experienced Attorney
Whether you are seeking access for a construction project or defending your property rights, negotiating a strong access agreement is essential. At James J. Corbett, P.C., we help clients secure agreements that maximize protection, ensure fair compensation, and prevent legal complications.
📞 Contact us today at (646) 470-1107 for legal guidance on construction access agreements in New York City.
