Discovering cracks, lesions, or structural collapses in your home after a neighbor has carried out an upward extension is a deeply concerning experience. Beyond the fear for the building's stability, there is an urgent need to protect your real estate assets. As an expert lawyer in damage compensation in Milan, Avv. Marco Bianucci deeply understands the distress of those whose home's safety and value are compromised by the construction work of others, offering legal support aimed at resolving the problem.
The Legal Framework: Liability and Damages from Construction Work
Our legal system provides precise tools to protect owners who suffer damages due to works carried out by third parties. When a neighbor decides to raise their building or carry out significant structural work, they must do so in strict compliance with technical and safety regulations, ensuring that the new structures do not compromise the structural integrity and soundness of adjacent or underlying properties.
The fundamental principle underlying the claim for compensation is that whoever causes unjust damage to others is obliged to compensate for it. In the specific context of damages from upward extensions, the crucial element to prove is the so-called causal link. It is therefore essential to rigorously demonstrate that the cracks, leaks, or structural collapses are the direct and immediate consequence of the work carried out by the neighbor and do not stem, for example, from a pre-existing state of natural deterioration of the property or from normal ground settlements.
To ascertain this liability unequivocally, an in-depth technical expert report is often necessary, analyzing the state of the premises before and after the construction intervention, documenting the origin and extent of the damages suffered.
The Approach of the Bianucci Law Firm
Addressing a dispute over structural damages requires not only profound legal expertise but also the ability to effectively communicate with technical professionals. The approach of Avv. Marco Bianucci, an expert lawyer in damage compensation in Milan, is based on a meticulous and multidisciplinary analysis of each individual case.
The Bianucci Law Firm regularly collaborates with structural engineers and technical consultants of proven reliability to solidify proof of damage. The instrument of preventive technical assessment is often used, which is essential when there is an imminent risk that the state of the premises may change before the start of any legal proceedings. This preliminary investigation phase is fundamental for building a solid strategy, aimed at obtaining the restoration of the premises and full economic compensation, including any decrease in the property's commercial value.
The firm's primary objective is always to seek, where the conditions are met, an out-of-court resolution of the dispute, to ensure faster times and less stress for the client. However, should the opposing party or their contracting company blatantly deny their responsibilities, the firm is fully prepared to act firmly in court to protect the rights of the injured owner at every level of judgment.
Frequently Asked Questions
What should I do as soon as I notice cracks during my neighbor's work?
The first fundamental action is to promptly document the situation with dated photographs or videos. Subsequently, it is advisable to send a formal notice of caution to the neighbor and the executing company, reporting the problem and requesting an immediate inspection or suspension of the work. It is strongly recommended to contact a lawyer immediately to correctly frame the disputes from the outset.
Who is responsible for the damages: the neighbor or the company carrying out the work?
Generally, liability can fall jointly on both the client owner (the neighbor) and the contracting company that materially performed the work unskillfully or negligently. It will be the lawyer's task to precisely identify the responsible parties and involve their respective insurance companies to maximize the chances of obtaining fair compensation.
Is it always necessary to go to court to obtain compensation?
Not necessarily. Very often, through a well-argued technical report and solid negotiation conducted by a professional, it is possible to reach a satisfactory settlement agreement with the insurance companies of the parties involved, thus avoiding the delays and uncertainties typical of a long civil trial.
What are the costs of taking legal action for these damages?
The costs of legal proceedings depend on numerous factors specific to the individual case, such as the complexity of the necessary technical assessments, the need to appoint party experts, and the attitude of the opposing party. The variables involved make it impossible to provide reliable estimates in advance. During the first consultation, Avv. Marco Bianucci will analyze the situation and provide a clear and transparent overview of the expected financial commitment.
Protect the Value of Your Property: Contact the Firm
If your home has suffered damages as a result of upward extensions, excavation, or renovation work by your neighbor, it is essential to act promptly to avoid losing evidence and adequately protect your assets. As an expert lawyer in damage compensation in Milan, Avv. Marco Bianucci is fully available to carefully and confidentially assess your specific situation.
Contact the Bianucci Law Firm, located at Via Alberto da Giussano 26 in Milan, to schedule an initial consultation. We will analyze the documentation you possess together to define the most effective legal strategy aimed at obtaining the due compensation and restoring the safety and value of your home.