US-CaliforniaWhat are my rights if my property is damaged during construction next door?
You may be entitled to compensation if your property is damaged due to negligent or unlawful construction activities next door. California law holds contractors and property owners liable for damage caused by their work.
What the Law Says
California law provides several legal avenues to recover for property damage caused by adjacent construction. Liability typically arises under negligence, nuisance, trespass, or strict liability — especially for inherently dangerous activities.
Under California Civil Code § 1714(a), everyone is responsible for injuries caused by their lack of ordinary care or skill in managing their property or person. This includes contractors and property owners overseeing construction.
If construction involves blasting, pile driving, or other ultrahazardous activities, strict liability may apply — meaning the party conducting the activity can be held liable even without proof of negligence.
California Civil Code § 3479 defines a nuisance as 'anything which is injurious to health, ... or interferes with the comfortable enjoyment of life or property.' Persistent vibration, dust, or structural damage from nearby excavation may qualify.
For damage caused by a public entity (e.g., city-permitted infrastructure work), you must file a government claim within 6 months under Government Code § 911.2 before filing suit.
Statutory TextEveryone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person.
— Civil Code § 1714(a) — Standard of care
Statutory TextA public entity is not liable for an injury unless a claim therefore has been presented in accordance with Chapter 1 (commencing with Section 900) of Part 3 of Division 3.6.
— Government Code § 911.2 — Claim presentation deadline
Statutory TextAnything which is injurious to health, ... or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, is a nuisance.
— Civil Code § 3479 — Definition of nuisance
What Courts Have Said
California courts have consistently held adjacent property owners and contractors accountable for foreseeable damage caused by construction activities.
Held that excavation causing lateral support loss and foundation cracking on neighboring land created liability under both negligence and nuisance theories.
Confirmed that contractors owe a duty of care to adjacent property owners to avoid foreseeable damage during excavation and shoring operations.
What to Do
Document all damage thoroughly with photos, videos, and dated notes.
Notify the contractor and neighboring property owner in writing immediately.
Obtain an independent structural or engineering inspection to assess cause and extent.
If the damage involves a public project, file a formal government claim within 6 months using Form BOE-100 (for state) or local agency form.
File a lawsuit within 3 years of discovering the damage — or sooner if involving a public entity.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.