Excavation Risks Adjacent to Existing Structures in Illinois and Urban Environments - Identifying and Managing Technical and Legal Issues

New construction in metropolitan areas has direct impacts on immediate neighbors and abutters. While noise and dust are generally nuisance concerns, demolition, vibrations, excavation, and dewatering can cause structural damage to adjacent structures. Different cities, states, or jurisdictions have different regulations that dictate requirements, roles, or responsibilities for varying parties during construction. The authors will introduce and discuss risks of new construction adjacent to existing structures, and the legal framework in Illinois which requires the owner of the new construction project to provide adequate protections for adjacent existing structures. The authors, who are engineers and attorneys, will discuss technical and legal concerns, and will highlight the importance of early and frequent communication among project participants to manage risks, despite whether or not any local regulations exist to drive the process. RISKS IN ADJACENT CONSTRUCTION New construction in metropolitan areas inherently involves some combination of noise, dust, ground-borne vibrations, earth excavation, and subgrade dewatering. These issues have potential to directly and adversely affect abutters and their property. Noise and dust can be nuisance concerns, while vibrations, excavation, and dewatering can result in damage to abutters’ structures. Noise and dust are unlikely to lead to physical damage to abutters’ property, and can be controlled with limited work hours and good housekeeping practices. Vibrations and excavations, however, if not well understood, planned for, and mitigated, can result in serious damage to abutters’ structures. In turn, this damage introduces additional and often significant costs and schedule delays.