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Attorney 1
Attorney 1, Attorney
Category: Real Estate Law
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I am seeking compensation from a general contractor building

Customer Question

I am seeking compensation from a general contractor building a new home next door for loss of use of our driveway and garage due to a cave in of their foundation excavation which has undercut our driveway and rendered it unsafe to use until they can back-fill the foundation hole. Are there any guidelines for how much compensation I should expect for each day of lost use?
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Attorney 1 replied 8 months ago.
Hello, and welcome. I am a licensed attorney and happy to assist. There are no written guidelines when it comes to damages of this type, but courts often value of damages as fair rental value of the area for the time it is unavailable. This could be calculated as a percentage of your property. For instance, if fair market rental value of your entire property for one month is $2,000 and this incident rendered 25% of it unfit for reasonable use for the period of 30 days, fair compensation could reasonably be determined as $500. Any other expenses incurred by you as a reasonable result of this incident are also compensable. Such expenses could be the cost of alternative parking, if necessary. Of course, the contractor is also responsible for restoring the area to its prior condition. I hope this helps. If you need additional information or clarification, just let me know. If I have addressed your issue and/or pointed you in a positive direction, please let me know that, as well. Also, please remember to leave a positive rating when prompted, as that is the only way attorneys on this site are credited for the help we provide​. Good luck! Best,Attorney 1
Expert:  Attorney 1 replied 8 months ago.
Is there anything else I can do for you? I'm here to help. Best,Attorney 1

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