• videocam On-Demand Webinar
  • signal_cellular_alt Intermediate
  • card_travel Real Property - Transactions
  • schedule 90 minutes

Next-Door Claims in Construction Projects: Key Provisions to Mitigate Risk of Adjacent Property Issues

Frequently Litigated Causes of Action Made Complicated by Multiple Stakeholders; Questions of Causation and Control

About the Course

Introduction

This CLE webinar will examine the issues and claims that may arise in construction projects where damage to adjacent buildings is likely to occur. The panel will discuss pre-construction considerations and key provisions for each party to the project to be included in construction agreements to mitigate the risk of next-door claims.

Description

The potential issues for damage to adjacent buildings (neighboring damage) in construction projects are numerous, especially in densely populated urban areas, and may include structural damage such as cracks in the foundation, façade, and drywall, and new or changing load patterns. As a result, costly disputes often arise between multiple parties when the owner of the adjacent building that has been damaged brings claims against the new building owner and joins other project participants including contractors, developers, and design professionals to the lawsuit. As more stakeholders become involved, these disputes become anything but straightforward.

Often the core of these next-door claims centers around questions of control and causation, especially where subrogation plays a pivotal role and insurers who pay for losses seek reimbursement from those responsible. Damage may come from multiple causes tied to different parties, each with its own insurer and contractual risk provisions.

Construction counsel for those contracted to work on a new building project should understand when and how their clients may be held liable for the impact of their work on neighboring properties and how to best mitigate risk of claims through certain pre-construction and drafting considerations for their clients.

Listen as our expert panel discusses the issues and potential claims that arise in construction projects where neighboring damage may occur. The panel will discuss pre-construction considerations and provisions that should be included in the project agreements to mitigate risk of next-door claims for each project participant.


Presented By

Joshua Deal
Partner
Nossaman LLP

Mr. Deal represents owners, developers, general contractors, subcontractors, and suppliers in litigation and transactional matters relating to construction law issues. He is a seasoned litigator in state and federal courts in New York and New Jersey and has extensive experience handling appeals. Mr. Deal represents construction industry clients on contract disputes, construction defect claims, delay claims, payment and performance bond claims, mechanic’s lien claims, and adjacent property damage claims. He also drafts and negotiates construction agreements and license and access agreements, and counsels his clients on project management, risk management, insurance, and dispute resolution issues at all stages of projects.

Garreth A. DeVoe
Senior Counsel
Buchalter

Mr. DeVoe has obtained successful trial verdicts and arbitration awards for clients across the country. He represents numerous construction, energy, technology, and manufacturing companies in complex commercial disputes and lawsuits using an aggressive and analytical approach while maintaining timely client communication. Having represented or consulted for wide-ranging corporate clients based on six continents, Mr. DeVoe brings global and practical experience and insight to his practice. Specifically, he understands that geopolitical events and a dynamic global market may frustrate the best intentions of parties to a contract, and therefore, effective legal representation goes beyond merely winning at trial. It also requires knowing when to counsel for a resolution that minimizes the financial, investor perception, and public relations risks inherent in litigation and that preserves clients’ national and international business-to-business relationships. In addition to maintaining a full-time practice, Mr. DeVoe co-chairs the Chicago Bar Association’s Commercial Litigation Committee and serves as an Adjunct Law Professor at DePaul University College of Law. Prior to joining Buchalter, he served as a federal judicial law clerk to the Honorable Ignacio Torteya, III of the United States District Court for the Southern District of Texas and practiced law at another AmLaw firm in Chicago.

Mark Johnson
Principal
Offit Kurman

With over three decades of construction, environmental, and real estate litigation experience, Mr. Johnson brings seasoned leadership to complex legal challenges. He has served as lead counsel in over 30 jury trials, bench trials, and high-stakes arbitrations, handling disputes across construction, environmental compliance, land use, landlord-tenant issues, oil and gas, real estate, and toxic torts. Mr. Johnson’s construction law practice encompasses representing owners, general contractors, subcontractors, and design professionals in private and public works disputes. His extensive experience includes resolving claims involving extra work, changed conditions, delays, loss of productivity, defective workmanship, product liability for construction materials, insurance coverage for construction defect claims and property damage claims, including fire damage claims, and California contractor licensing laws. Mr. Johnson has successfully navigated construction disputes in state and federal courts across multiple states and before the federal Civilian Board of Contract Appeals and California’s Public Works Contract Arbitration program. In the environmental realm, his work includes addressing petroleum products and hazardous substance contamination of soil and groundwater, toxic tort claims arising from exposure to substances including asbestos and benzene, performing due diligence on environmental conditions in corporate and real estate transactions, and insurance coverage for environmental contamination. 


Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, January 6, 2026

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

I. Introduction

II. Common construction-related claims for neighboring damage

A. Multiple stakeholders

B. Causation, control, and subrogation issues

III. Pre-construction considerations

IV. Key contractual provisions to mitigate risk for project participants

A. Owner of property on which project occurs

B. Contractors

C. Developers

D. Design professionals

E. Other considerations

V. Dispute resolution and remedies

VI. Practitioner takeaways

The panel will review these and other important issues:

  • What are possible claims that may arise in a construction project if damage is caused to adjacent buildings? 
  • What issues make the resolution of next-door claims more complicated?
  • What are pre-construction considerations that can mitigate the risk of neighboring damage?
  • What are key provisions to be included in the project agreements to mitigate risk of next-door claims for each project participant?