Cracks appeared due to construction next door. But if you can't prove it, you get nothing.
"Huh!?"
"Was this crack here before?"
This is a story about something that actually happened.
During demolition work on an adjacent property.
It is not just demolition work.
1. New construction next door
2. Road improvement work in front of the property
3. River improvement work
4. Well-drilling work
5. Ground improvement work
These are all
construction projects that have the potential to cause physical changes to the surrounding ground.
"Even well-drilling?"
Did you think that?
When large amounts of groundwater are pumped out,
the underground "water level" can drop.
If the balance of soil particles supported by the groundwater changes,
there is a possibility that the ground will subside.
If the ground moves, the house will tilt.
Of course,
this does not happen with all ground types.
However,
the fact that "it is possible" is what is important.
Here is a question.
If cracks appear in your house,
can you prove
that it is the fault of the construction next door?
"Obviously, it's because of the construction, right!?"
You think so, don't you?
But if it goes to court, you will be told this:
"Please provide evidence that the construction is the cause."
That's right.
While looking at your damaged house, you are told to "prove it."
This is the reality.
Generally,
the burden of proof lies with the party filing the lawsuit.
I will share a personal experience.
Due to construction commissioned by the prefecture,
a serious defect occurred in a residence.
The compensation amount offered by the prefecture was—
about 300,000 yen.
The specific details were,
shaving down the fittings to make them fit,
and that was it.
That was the extent of the compensation.
The victim,
said this through tears:
"This is not enough for a satisfactory repair at all.
Please, help me somehow."
I performed a structural verification and post-incident proof.
As a result,
the compensation amount became approximately 18 million yen.
A difference of 17.7 million yen.
Why did it change so much?
There is only one reason.
It is because I was able to find the evidence.
Can't believe it?
Let me write about it a bit more specifically.
This case involved construction ordered by the prefecture.
A house survey had actually been conducted by the prefecture in advance.
And the assessment was that the damage amounted to 300,000 yen.
So, they came to me in tears.
As things turned out, I attended the on-site inspection.
And,
I said this to the prefectural representative and the survey company on-site.
Let's lift the tatami mats and check under the floor.
I believe there is a clear line of impact
from here (pointing)
to that range over there,
what do you think?
In other words,
there are cracks in the soil under the floor.
If those aren't there, then I agree with what the survey company is saying.
However,
if the cracks continue into the ground,
it is proof that this house is definitely being pulled
toward the river.
And
the building is experiencing differential settlement,
and a cavity has formed under the foundation on the river side.
And presumably,
on that line of impact,
the foundation concrete is likely broken.
In other words, I am certain that there are cracks.
That proves that the foundation is broken in the one-third section of the building on the river side,
leaving it in a cantilevered state, doesn't it?
And, just as I predicted,
large cracks were discovered in both the land and the foundation.
And then, the site went silent.
However, this person was lucky.
Conversely, usually, you cannot reach this point.
It is not someone else's problem.
But,
you're wondering why, right?
...
It was important that the other party was a government agency.
If it had been a private company,
I don't know if it would have proceeded this smoothly.
The fact that there are cracks is not enough.
You need to prove the cause.
This is the reality.
Unlike traffic accidents,
building damage
is not something the police will measure for you on the spot.
However,
by preparing just a little bit,
you may be able to avoid having to suffer in silence.
I don't want you, whom I have connected with here,
to get caught up in trouble.
So, how do you prepare?
What should you do?
Why do so many people end up suffering in silence?
Next time, I will break it down specifically.
It will be too late after the damage is done, so
please save this article now.
Because those who do not save this article
are the ones most likely to lose out.
"It won't happen to me."
Right now, while you are thinking that, is the safest time.
From the perspective of the victim (the resident)
and from the perspective of the perpetrator (the contractor),
I will explain how to avoid this in both cases.
"I'm building a new house, so this doesn't apply to me," you say?
If so,
you are currently in a position where you could become the perpetrator.
And once you have successfully moved in,
you will carry the potential to become a victim.
Eventually, you will find yourself in this position too.
Try searching for articles like the one I've written here.
For example, try searching for "cracks from construction next door liability."
Articles of this nature seem to be extremely rare.
That is why I decided to write this article.
I think this is a must-read for people on both sides.
Next time, I plan to provide a checklist.
In this country, damage that cannot be proven is considered "non-existent."
—no matter what happens to your home.
* The rest of this article is already written here written here
=========================
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