Anyone involved with construction projects knows that despite everyone's best intentions, "stuff" happens on jobs. The expression "a picture is worth a thousand words" is especially pertinent. Let's discuss why.
Before a project begins, the party having the work done has no idea of the condition of the buildings or apartments around them. There may be cracks in the walls. They may not have painted or plastered in 20 years. A neighbor's basement may have cracks in the walls and puddles of water every time it rains. However, you would not know that. Then assume that construction work is started without documenting the condition of those areas adjoining the construction. Imagine how hard it could be to prove that the new work did not create the "so-called" damage being claimed.
I recall a trial I won in which the expert witness for the property owner was trying to prove that the messy electrical work behind the walls was done by my client, the contractor. There were no photographs taken before my client's work was done. The expert admitted that the area in question had been renovated more than once, but he did not have the plans for those earlier renovations or contracts describing the work that was done. It was almost comical when he resorting to saying that he "knew" that the work was done by my client, because the material was "shiny." I was not persuaded and neither was the jury.
A good set of before and after photos can make all the difference.
C. Jaye Berger, Esq, is an attorney and the principal of Law Offices C. Jaye Berger, New York, N.Y.
Brooklyn, NY Marcus & Millichap brokered the sale of 733 Dekalb Ave., a fully free-market multifamily and retail property in the Bed-Stuy neighborhood. The asset sold for $2.8 million.
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