Background

A Queens excavator became involved in numerous residential projects relating to development in Chinese areas of the City of New York. Since many of the buildings neighboring the new towers were older, cracking was discovered and claims ensued.

The Challenge

For the excavator, principles of strict liability came into play. However, causation was, as usual, difficult to prove.

The Solution

We vigorously defended the excavator against claims by the owners and by the other companies involved in the construction, i.e., the general contractor, architect and engineer.

The Result

When all was said and done, the claims were settled with no contribution by the excavator.