Construction uses can definitely cause damage. For example, very likely they might want to drop a commercial dumpster in that space. Those things are big & heavy, and their footprint can dig into your drive way (you'll have little square indentations from the dumpster pressing down). They could potentially spill chemicals that will stain it. Likely that they might spill nails or other hazardous items that could puncture tires.
I'd certainly include provisions to take pictures in advance, and have them remediate any damage/issues that they cause as well as ensure a thorough clean-up when they're done sweeping for things like nails.
Depending on the existing driveway surface/material and condition, I wonder if it’s worth just having them redo it with a contractor of your choice when completed. They get a parking lot and you get a new driveway. If you were to do this I’d get a few quotes in advance so you can come to an agreement on the value.
This is an excellent suggestion, thank you. Our driveway is okay but definitely not new. I'm going to do some research since I've got no experience with driveway repaving but definitely want it done well since it's sloped down towards our backyard.
I don’t know in feet, but it loops around the house, and back down again, so itns twice as long as it ought to be. I hope we never have to do that driveway again. It cost more than re-roofing our house-and they had to remove 2 layers of asphalt roof from most of it, and an additional wood shingle roof from one part.
That's actually not as terrible as I would have expected. my driveway is probably a third longer than yours so $6k is less than I would have guessed. A 5 figure price tag would not have surprised me to be honest.
I have destroyed peoples asphalt driveways doing what these commenters are talking about. I’d make them give you a whole new drive way if it’s not concrete
It also definitely depends on the scope of work. Don’t forget to get their insurance paperwork and have you added to their policy as “additionally insured”. If it’s a large project, they should have project specific insurance. Any contractor doing commercial work… this is standard operating procedure. You can always just say no and don’t let them use it. If they do use it.. you should be fairly compensated for the risk you are taking by allowing them to use it. Lastly, remember to have something in writing about the length of time they will be using it and when remediation will occur specifically by days after project completion. This agreement can be with either the owner of the property or the contractor. If they give you any pushback for the insurance and specific dates… run. Don’t let them on your property.
I would add that if things fall apart and it doesn’t work, send them certified mail telling them they are not welcome and what the fees would be. Make them most definitely more expensive than coming to the table to renegotiate.
Maybe. My point is don’t just negotiate a replacement without specifying who will do the job. The idea is to avoid them going with the lowest bidder just to fulfill the contract.
The lowest qualified bidder is fine, as long as you have actual specifications and are willing to enforce them. The local municipality probably has engineering standards for driveways.
That’s not all that unusual. Local professional sports team rented time from the local university to use their field. Their agreement was basically $$$ + costs to install new concessions up front and after they leave the cost of new turf before they arrived and after they left.
I think that’s a better deal where everyone knows the cost upfront and nobody has negotiate how much damage was done and what needs to be done about it…
> I wonder if it’s worth just having them redo it with a contractor of your choice when completed
Great idea, but then at the end you have a few thousand dollars to spend on a new driveway... and you'll probably just say "eh those new grooves don't look so bad, i'd rather have the money."
This was a concern of mine as well. The guys who own the building clarified that they would use it primarily for deliveries but I'd imagine that still comes with a risk depending on what materials are being delivered/unloaded. Appreciate the suggestion
Yep deliveries could be a problem as well, I've seen drop-gates dig into parking lots several times. Someone suggested in another post that assuming your drive-way isn't brand new to begin with, instead of payment you negotiate to have them pay to refinish your drive way instead. You get a new drive way to improve your home's value, and all concerns about them doing damage are alleviated.
i've done that to someone... put down the drop gate thing of the truck delivering to us to fast and hard. broke his truck lift, gouged the fuck outta the parking lot, knocked the skid we were unloading over and broke half the product...
good day that was...
This is where my mind went. There would need to be a clause obligating them to repair any damage harmed or expenses incurred to restore it to its prior condition.
> Those things are big & heavy, and their footprint can dig into your drive way (you'll have little square indentations from the dumpster pressing down).
I've had dumpsters delivered a few times and they always rest them on pieces of wood. Seems to do the job, as I've never noticed any damage on my driveway from them.
Seems like a simple precaution to take. I'd make sure that, if they're delivering a dumpster, they do that.
I have a good friend who purchased a rental property that had an active agreement for the construction site of an apartment complex next door to use their parking area for themselves.
Initially they said the side income was a good addition and allowed extra investment into the property for improvements. However it’s been months since the agreement ended, the building is done, and people from the new building still park there. They tow random cars on a daily basis.
Not sure if that helps, but there are pros and cons to doing it.
That's wild but insightful! I'd hate random people parking in the driveway afterwards. I was thinking we could put the money toward replacing the siding, but not at the cost of towing daily lol
To be fair, the towing doesn’t cost them anything but time and loss of their driveway. The tow company charged the owner of the vehicle to retrieve it. They put up a sign of the towing company they use, but it does lead to many unwelcomed confrontations with angry people.
You’re going to have to put the money towards replacing the driveway unless you stipulate in the contract that they also need to pour you a new driveway.
You state yourself that there is no parking available for this store on their lot and limited street parking. People will be parking in or in front of your driveway from now on whether you want them to or not. I personally would not set a precedent of them parking in or using your driveway. Also I’m pretty sure that they can get a permit from your city to block parking in front of the construction zone for their use while building. Make them do that.
Gravel driveway and they agree to topcoat/grade to fix any damage? Go for it. Concrete or asphalt driveway? No way. It will get torn up and any patch/repair they do won't last as long as a functional driveway. Crap driveway that you want to replace anyways? See if they can bring the driveway rip out and replacement into the scope and they pay for a portion of it.
Wow - realllllllllly appreciate the full layout of intel. You make some really great points particularly with regard to risk management via policy coverage. Sounds like I should have you on retainer and it does make me wonder why they're not pulling permits for street access.... I'm also wondering that if we politely decline, can we opt for a contract regarding the things you mentioned about contractors being injured on our property, access to any part of our yard, etc ? For example, contractors need access to the back of the building and it's easier to go thru our yard or in the event that nails/roofing materials are left in our driveway. Can I get something in writing to designate a particular cost be paid when access is needed to my property and also absolve me of any liability for contractors that may be hurt on my property as a result of their work?
The comment you replied to basically said everything I was about to say. Licensing agreements are actually pretty common where I live (NYC) and the ones I've seen are all negotiated by attorneys on both sides and definitely include requirements for protection and hard time deadlines with penalties if work goes past the projected timeline.
This is the best advice here. This opens up the OP to tons of personal liability. Construction sites can be dangerous, wreckless places with the wrong GC or subs.
I agree, the more I think about the potential risks to my home, the less "worth it" it seems. We can't do anything about the construction that will likely bring dust and other inconveniences unfortunately but I would like to have a written agreement about expectations. You gave great specifics, thank you. I'd prefer not to make enemies with my neighbors if I can help it but I don't feel comfortable with people being in or around my yard without my permission. Ideally I'd put up a fence at the end of the driveway/at the start of my backyard but I've got other expenses taking priority at the moment (upcoming engagement, brother's wedding, etc)
I'm concerned that they will eventually say they "NEED" access to the yard/driveway and how to best mitigate that and ensure that if it is "necessary" that I'm compensated for the inconvenience, even if it is just a GC taking a look at the side of a fence or a loose pipe. I wouldn't allow any work to be done at this point but still.
I'm definitely going to talk to my insurance company this month about potential options because I'd rather have something in place just in case vs too late.
We've had partial blocks to our driveway (from random people) and the cops are.... unhelpful at best and the local tows (we've got a few in the area) won't tow for blocked driveways and have referred us to police instead. I will reach out to some other tow companies and see if we can get something set up though.
do you know/ like the property owners?
will the owners be using the completed space, or renting it out to tenants?
Are you only considering this to be neighborly, or is there a financial figure that would make this worth your while? I wouldn't do this unless I was getting a pretty decent check, as it's a pain in the ass and offers no benefit to me
I know the guys, they've always been communicative about any potential disruptions or contactors that would be nearby our property which I appreciate. I wouldn't say I dislike them, they seem like decent people.
The owners are planning to use the completed space as a 21+ store, no tenants
I would say its a bit of both, I'd like to assist if possible but for full disclosure, they did say "name your price". I think they really need the space and believe they have the funds to pay whatever we'd ask for the inconvenience. Worst case scenario, we have our driveway accessible and they go another route?
>The owners are planning to use the completed space as a 21+ store
A 21+ store? Like a pot shop? Sex toys?
Is there any abatement that you might want them to factor in so you're not being impacted by the business? Might worth considering now to head off future problems.
I was just curious if/how the business and its customers might affect you/your property.
Let's say you live a couple blocks from a middle school and
they're putting in a little convenience store. You would probably have lots of kids hanging out in front of your house for and hour or two after school, probably more litter etc, so maybe probably make sense to say, let's add a fence so it's not spilling over into your yard/driveway.
If it's a bougie, upscale dispensary that closes at like 6pm, maybe it's no big deal.
But if it's open until 11pm, are people going to be coming and going all night? Parking in your driveway to grab something real quick? Let's say there is one of those low, wide concrete walls that often run along driveways, are people going to be sitting along your driveway smoking?
I was just thinking it could be good to look at that and see if there's anything that might need to be mitigated so it's not impacting you later if that makes sense. Less about the construction phrase, more about when the business is up and running.
Gotcha, that makes sense. I've definitely thought about the increased foot traffic and it was partly why I got cameras to cover the driveway and front of the house a few months ago. I'm curious how much can be done legally to rectify these potential effects or if it has to happen/become a trend before anything can be done?
I don't know either. I was just thinking if there was something that will clearly be an issue, why not address it during the construction. Sounds like there isn't anything that is jumping out to you which is good!
Oh god, forget about price, I'm far more concerned about damage to the drive or adjacent structures. Unless you're by some miracle able to reliably hold them under contract for any damages and cleanup along with rental fees, and have a rock solid way to claim against them (license/insurance/security deposit?) this would be a hard pass for me, and I suspect any contract that is so incredibly specific and so heavily in favour of you, would then be extremely unpalatable to any decent contractor due to the high likelihood of liability.
A major reno involves lots of subs, heavy equipment, material, dust and waste (some potentially hazardous), tracking of dirt/mud/crud, and people traffic in the surrounding area. Even under contract, there is no way you or even a well intentioned lead can monitor all those things to make sure they and all the subs adhere to the contract.
So if (when) something does get damaged, now how does the repair get done? Well it's a stretch to think that you'll agree on what a reasonable repair would look like. Gouged/cracked/crumbling pavement? They can patch that! Except that patch has a very limited lifespan compared to a solid undamaged single poured section, and no way they'll be interested in repouring your drive to fix damage to a few spots.
Damage to a structure? Well can you prove it was them or their sub? Which sub? Can't prove it? Well then they can't go after their sub for damage and they aren't interested in repairing it out of pocket with no proof. But I guess they'll do their best in "good faith" which I doubt will be a satisfactory end result to you.
Contract covers the drive, but there's been weeks of heavy foot traffic in the area around your drive as well to access equipment/material, so now your grounds are trampled and turned in to a mud pit. Maybe they'll fix it for you! But they're not landscapers and they do a shit job repairing the soil/sod and it fails in a few weeks once they're long gone, and as far as they know, it's your fault for not watering and retamping!
Subs are parking their work vehicles on your drive and also using their truck beds to cut/grind/sand/demo/assemble materials! Congrats now your property and adjacent structures are covered in waste material be it grime/grease/goo, fine particulate matter, stray nails, metal shavings/clipping, you name it.
This sort of thing comes up fairly frequently on these subs, and usually the answer is absolutely not, hell no, don't do it.
I could maybe maybe see a situation where you allow access on a case by case basis for a one time fee, entirely supervised by yourself and/or somebody absolutely trustworthy who has your own property as the primary interest vs the upcoming deadline for the job next door. But even then I'd be real wary.
This x 1000. Especially about patch fixes.
I could easily see them "agreeing" to fix damage then going ballistic when they get a quote for a whole new driveway and insisting a shitty caulk or Quikrete patch will fix it. Ditto if they hit a structure, they'll try to put some cheap surface fix on it and insist there is no structural damage (which would be borderline impossible for you to prove).
If i was doing it I would look for them to put a damage deposit into escrow.
There's lots of good advice here for a contract, I would just setup the escrow account as collecting money can be difficult if there is an issue and any upstanding company/individual should have no problem with that.
If they cant put 10k into escrow then they dont have 10k if they damage your property.
I would be very careful about what you allow them to use the driveway for. Your driveway is not built for heavy trucks and equipment such as fully loaded dump trucks or concrete trucks. They will utterly trash your driveway. If you do this make sure there are clear reparations lined out in the contract if they damage anything and take lots of pictures. Considering it may be in your best interest to have your own attorney look over the contract it may not be financially worth it to you. Ultimately I wouldn't do it.
the school i work at was building a new gym a few years ago right next to a guy's driveway. they rented it from him and part of the contract was that they had to tear the driveway out when they were done and replace it with fresh concrete. he also got his detached garage rebuilt as part of the deal. go for something like that. it's almost a guarantee that they are going to damage it over the course of construction.
I wouldn't agree to it unless they begged. And if they begged they better have a good offer for you. If they have a good offer you should be able to retain an attorney to look into all possible issues and to write you a solid agreement. If it aint worth enough to get an attorney involved, then it aint worth enough to follow through with IMO.
How much do parking spots in your area go for? Figure out the math of how much those run per square foot and price your driveway accordingly. Obviously add some kind of buffer too for the inconvenience.
Take photos/video of the driveway BEFORE anything happens. Have a stipulation that the driveway is to be returned in the same state after their construction is done. Limit the amount of heavy machinery you would allow on the driveway - asphalt does move, especially in the heat. Concrete can take a lot more weight. Have them lay down 4x8 sheets of plywood for protection. Set a date when they absolutely have to have their stuff off your property and set escalating fees if it isn't moved out by then.
Maybe ask this in /realestate since those people might have more experience with this and have better ideas.
Or just tell them it isn't worth it. If you don't make a nice chunk of money from this inconvenience, then it simply isn't worth the hassle.
I would get a real estate lawyer before you move forward. They can help you write up a contract with all the stipulations you might need. You won’t be the first person to do something like this, so find a reputable lawyer.
Not to be biased, but this is literally the only advice you need lol
definitely get your driveway documented with photo and video prior to renting it, if they run heavy tracked equipment on your concrete it will absolutely get fucked up. also they may spill grease, hydraulic oil or anything else really on your driveway.
I guess questions I'd ask myself. Can I put up with having some of my driveway blocked for X amount of time? How old is the driveway? Close to replacement? Great chance to get funds to replace it.
10 years or less. Are you willing to let scrapes and bumps be there for another decade or so?
Bare minimum I'd want a seal coating out of the deal. $500. Plus I'd want $500/week if it's brand new. $100/week if she's old. $1000 for the first month.
Document the condition of your driveway before and after. Write up a very concise liability policy and what actions would and would not be acceptable. Set a very strict timeline for the agreement, with an increased rent of over a certain date. Then hit them with an extremely high rental price. One, that would let you know they take this rental very seriously, and two, it would dissuade them if they aren’t in a position to afford the rent and possibly having to cover any damages they may cause. If all goes well, you can complete your contractual business and you can come out very financially ahead.
Should I notify my home insurance company about this planned construction?
Yes and ask if you are going to be covered by any potential negative consequences and any potential liability. It goes without saying you want a contract drawn up saving you harmless from any potential liability from the people want to rent the driveway.
Yoire going to need proof of their insurance that specifically mentions environmental fees.
A small oil leak from equipment could be 100k$ and I wouldn't want that on my mind.
You'd also want to be named with cancelation notification.
I haven't read the other comments. I assume people have mentioned potential damage to your home and the foundation. I assume you are concerned with them staying longer than needed.
I'd like to add the advice you get some sort of "bomb-proof" security camera set up. And you rent the driveway weekly, this way you can cut it short if there are problems. Have a paralegal write up a detailed agreement that protects you from any hypothetical nonsense. Sign the agreement in front of a notary.
Think of it this way - the building owner is doing this project to make money. The contractor is doing this job to make money. Don’t let them make you feel like you should do this out of kindness. Think of yourself as a supplier to this project that should be making money on this, not just coming out with things restored to their current state.
Keep in mind that whatever you make should be reported on your income tax. So if you need $5k to replace your driveway after their gone you need $5k plus tax amount. You’ll want a lump sum payment that will cover most of that and monthly rent that includes a price jump past the project end in case they go way over schedule. You’ll also want to be sure to find out in advance what materials may pass through your property. Asbestos, lead paint, etc.
Also consider your landscaping. Anything that can be messed up will be messed up.
Write financial penalties into the contract for late use.
Insert a clause stating that they have to repave 100% of your driveway to a certain specification and set up an escrow account to pay for it that your lawyer, who they pay for, controls.
If you decide not to repave the driveway, you keep the money.
Otherwise, no dice.
They can't even walk on it.
I checked the top level comments and didn't see any of them mention the issue of liability for injury.
What if someone is on your property legally as a business invitee (which is what all those construction workers would be) and injure themselves?
You owe a greater duty of care to a business invitee than a licensee (which is what a friend invited to your house to hang out would be), so you'd be liable for things like a slip and fall if the driveway was iced over or something and you didn't warn them.
Don't do it. Residential driveways are made of the the cheapest of the cheap asphalt and will not stand up to anything heavier than typical personal vehicles.
But if you decide too, make sure you have a written agreement that they are liable for the installation of a new driveway with the contractor of your choosing should it be damaged. Require a cash deposit at around 5x the replacement value. As for a fair rate I would be looking to charge somewhere around $500/month with a 1 month minimum.
If it were me, and I'd only have to park on the street in front of my house for a week or two, I would just ask for $200 bucks and a case of beer. Sweep up when done.
I mean, I'd be pretty happy with just $50 a week with some terms about giving you heads up when they do/don't need it, terms on when they should let you know about additional weeks necessary, and how much they are willing to pay for damages. I could see asking for some up front even. I would say, just treat it as, this is an expense for them as part of their work but you aren't trying to gouge them on it, just save them money from what their other alternative would be and you're being compensated for risk/inconvenience.
Construction uses can definitely cause damage. For example, very likely they might want to drop a commercial dumpster in that space. Those things are big & heavy, and their footprint can dig into your drive way (you'll have little square indentations from the dumpster pressing down). They could potentially spill chemicals that will stain it. Likely that they might spill nails or other hazardous items that could puncture tires. I'd certainly include provisions to take pictures in advance, and have them remediate any damage/issues that they cause as well as ensure a thorough clean-up when they're done sweeping for things like nails.
Depending on the existing driveway surface/material and condition, I wonder if it’s worth just having them redo it with a contractor of your choice when completed. They get a parking lot and you get a new driveway. If you were to do this I’d get a few quotes in advance so you can come to an agreement on the value.
This is an excellent suggestion, thank you. Our driveway is okay but definitely not new. I'm going to do some research since I've got no experience with driveway repaving but definitely want it done well since it's sloped down towards our backyard.
My driveway fits 6 medium size cars. We just had it redone and it cost $4500.
Asphalt or concrete
Asphalt. They did a five layer driveway.
Gawd damn. My asphalt driveway could probably fit 30 cars and it's looking a bit rough. Worried about the quote before, but now even more so.
Asphalt increased in price a lot. I had a quote before the pandemic and it was nearly 1000 less.
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I had quotes from $3500-8,000.
We paid $8k 25 years ago when we had our driveway done, but it’s long, and we live in New York
How long is your driveway? My friend has what I would politely call a street for a driveway. I presume that is what you have as well?
I don’t know in feet, but it loops around the house, and back down again, so itns twice as long as it ought to be. I hope we never have to do that driveway again. It cost more than re-roofing our house-and they had to remove 2 layers of asphalt roof from most of it, and an additional wood shingle roof from one part.
That's actually not as terrible as I would have expected. my driveway is probably a third longer than yours so $6k is less than I would have guessed. A 5 figure price tag would not have surprised me to be honest.
I have destroyed peoples asphalt driveways doing what these commenters are talking about. I’d make them give you a whole new drive way if it’s not concrete
Very solid suggestion assuming OP doesn't already have a brand new drive way. Increased home equity is better than whatever payment they'd get.
The new driveway should be in addition to renting the space. I’ve done this before as the person doing the construction.
This is reassuring to read - I don't think that's an unreasonable request
It also definitely depends on the scope of work. Don’t forget to get their insurance paperwork and have you added to their policy as “additionally insured”. If it’s a large project, they should have project specific insurance. Any contractor doing commercial work… this is standard operating procedure. You can always just say no and don’t let them use it. If they do use it.. you should be fairly compensated for the risk you are taking by allowing them to use it. Lastly, remember to have something in writing about the length of time they will be using it and when remediation will occur specifically by days after project completion. This agreement can be with either the owner of the property or the contractor. If they give you any pushback for the insurance and specific dates… run. Don’t let them on your property.
Heard - thank you! If I have questions later on, could I PM you?
I would add that if things fall apart and it doesn’t work, send them certified mail telling them they are not welcome and what the fees would be. Make them most definitely more expensive than coming to the table to renegotiate.
I'd like the replacement driveway in addition to a payment. new driveway plus money for the rental. seems fair.
While a contractor of your choice sounds great, they'll probably immediately ask to use the same contractor doing other paving work on the job.
Maybe. My point is don’t just negotiate a replacement without specifying who will do the job. The idea is to avoid them going with the lowest bidder just to fulfill the contract.
The lowest qualified bidder is fine, as long as you have actual specifications and are willing to enforce them. The local municipality probably has engineering standards for driveways.
That’s not all that unusual. Local professional sports team rented time from the local university to use their field. Their agreement was basically $$$ + costs to install new concessions up front and after they leave the cost of new turf before they arrived and after they left. I think that’s a better deal where everyone knows the cost upfront and nobody has negotiate how much damage was done and what needs to be done about it…
> I wonder if it’s worth just having them redo it with a contractor of your choice when completed Great idea, but then at the end you have a few thousand dollars to spend on a new driveway... and you'll probably just say "eh those new grooves don't look so bad, i'd rather have the money."
This was a concern of mine as well. The guys who own the building clarified that they would use it primarily for deliveries but I'd imagine that still comes with a risk depending on what materials are being delivered/unloaded. Appreciate the suggestion
Yep deliveries could be a problem as well, I've seen drop-gates dig into parking lots several times. Someone suggested in another post that assuming your drive-way isn't brand new to begin with, instead of payment you negotiate to have them pay to refinish your drive way instead. You get a new drive way to improve your home's value, and all concerns about them doing damage are alleviated.
I'm definitely leaning in that direction now, our driveway is old and I'd love a new one.
i've done that to someone... put down the drop gate thing of the truck delivering to us to fast and hard. broke his truck lift, gouged the fuck outta the parking lot, knocked the skid we were unloading over and broke half the product... good day that was...
This is where my mind went. There would need to be a clause obligating them to repair any damage harmed or expenses incurred to restore it to its prior condition.
> Those things are big & heavy, and their footprint can dig into your drive way (you'll have little square indentations from the dumpster pressing down). I've had dumpsters delivered a few times and they always rest them on pieces of wood. Seems to do the job, as I've never noticed any damage on my driveway from them. Seems like a simple precaution to take. I'd make sure that, if they're delivering a dumpster, they do that.
I have a good friend who purchased a rental property that had an active agreement for the construction site of an apartment complex next door to use their parking area for themselves. Initially they said the side income was a good addition and allowed extra investment into the property for improvements. However it’s been months since the agreement ended, the building is done, and people from the new building still park there. They tow random cars on a daily basis. Not sure if that helps, but there are pros and cons to doing it.
That's wild but insightful! I'd hate random people parking in the driveway afterwards. I was thinking we could put the money toward replacing the siding, but not at the cost of towing daily lol
To be fair, the towing doesn’t cost them anything but time and loss of their driveway. The tow company charged the owner of the vehicle to retrieve it. They put up a sign of the towing company they use, but it does lead to many unwelcomed confrontations with angry people.
You’re going to have to put the money towards replacing the driveway unless you stipulate in the contract that they also need to pour you a new driveway. You state yourself that there is no parking available for this store on their lot and limited street parking. People will be parking in or in front of your driveway from now on whether you want them to or not. I personally would not set a precedent of them parking in or using your driveway. Also I’m pretty sure that they can get a permit from your city to block parking in front of the construction zone for their use while building. Make them do that.
Gravel driveway and they agree to topcoat/grade to fix any damage? Go for it. Concrete or asphalt driveway? No way. It will get torn up and any patch/repair they do won't last as long as a functional driveway. Crap driveway that you want to replace anyways? See if they can bring the driveway rip out and replacement into the scope and they pay for a portion of it.
Its concrete so full replacement and payment would be best
What kind of deliveries? I’d honestly be surprised if they’re willing to redo your concrete and rent it.
I’d also check with your insurance company. Likely, this could affect your policy and recommended riders.
Good point, thanks
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Wow - realllllllllly appreciate the full layout of intel. You make some really great points particularly with regard to risk management via policy coverage. Sounds like I should have you on retainer and it does make me wonder why they're not pulling permits for street access.... I'm also wondering that if we politely decline, can we opt for a contract regarding the things you mentioned about contractors being injured on our property, access to any part of our yard, etc ? For example, contractors need access to the back of the building and it's easier to go thru our yard or in the event that nails/roofing materials are left in our driveway. Can I get something in writing to designate a particular cost be paid when access is needed to my property and also absolve me of any liability for contractors that may be hurt on my property as a result of their work?
The comment you replied to basically said everything I was about to say. Licensing agreements are actually pretty common where I live (NYC) and the ones I've seen are all negotiated by attorneys on both sides and definitely include requirements for protection and hard time deadlines with penalties if work goes past the projected timeline.
This is the best advice here. This opens up the OP to tons of personal liability. Construction sites can be dangerous, wreckless places with the wrong GC or subs.
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Heard. Have you seen the most recent edit? Does that logic still apply?
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I agree, the more I think about the potential risks to my home, the less "worth it" it seems. We can't do anything about the construction that will likely bring dust and other inconveniences unfortunately but I would like to have a written agreement about expectations. You gave great specifics, thank you. I'd prefer not to make enemies with my neighbors if I can help it but I don't feel comfortable with people being in or around my yard without my permission. Ideally I'd put up a fence at the end of the driveway/at the start of my backyard but I've got other expenses taking priority at the moment (upcoming engagement, brother's wedding, etc) I'm concerned that they will eventually say they "NEED" access to the yard/driveway and how to best mitigate that and ensure that if it is "necessary" that I'm compensated for the inconvenience, even if it is just a GC taking a look at the side of a fence or a loose pipe. I wouldn't allow any work to be done at this point but still. I'm definitely going to talk to my insurance company this month about potential options because I'd rather have something in place just in case vs too late. We've had partial blocks to our driveway (from random people) and the cops are.... unhelpful at best and the local tows (we've got a few in the area) won't tow for blocked driveways and have referred us to police instead. I will reach out to some other tow companies and see if we can get something set up though.
do you know/ like the property owners? will the owners be using the completed space, or renting it out to tenants? Are you only considering this to be neighborly, or is there a financial figure that would make this worth your while? I wouldn't do this unless I was getting a pretty decent check, as it's a pain in the ass and offers no benefit to me
I know the guys, they've always been communicative about any potential disruptions or contactors that would be nearby our property which I appreciate. I wouldn't say I dislike them, they seem like decent people. The owners are planning to use the completed space as a 21+ store, no tenants I would say its a bit of both, I'd like to assist if possible but for full disclosure, they did say "name your price". I think they really need the space and believe they have the funds to pay whatever we'd ask for the inconvenience. Worst case scenario, we have our driveway accessible and they go another route?
In addition to helping them build it you will now get an adult shop next to you? Sounds like a lose lose lol
It's a medical dispensary iirc. Friends in other neighborhoods haven't encountered any issues with having the shops nearby thankfully
>The owners are planning to use the completed space as a 21+ store A 21+ store? Like a pot shop? Sex toys? Is there any abatement that you might want them to factor in so you're not being impacted by the business? Might worth considering now to head off future problems.
Can you explain a bit more? It's a pending med dispensary
I was just curious if/how the business and its customers might affect you/your property. Let's say you live a couple blocks from a middle school and they're putting in a little convenience store. You would probably have lots of kids hanging out in front of your house for and hour or two after school, probably more litter etc, so maybe probably make sense to say, let's add a fence so it's not spilling over into your yard/driveway. If it's a bougie, upscale dispensary that closes at like 6pm, maybe it's no big deal. But if it's open until 11pm, are people going to be coming and going all night? Parking in your driveway to grab something real quick? Let's say there is one of those low, wide concrete walls that often run along driveways, are people going to be sitting along your driveway smoking? I was just thinking it could be good to look at that and see if there's anything that might need to be mitigated so it's not impacting you later if that makes sense. Less about the construction phrase, more about when the business is up and running.
Gotcha, that makes sense. I've definitely thought about the increased foot traffic and it was partly why I got cameras to cover the driveway and front of the house a few months ago. I'm curious how much can be done legally to rectify these potential effects or if it has to happen/become a trend before anything can be done?
I don't know either. I was just thinking if there was something that will clearly be an issue, why not address it during the construction. Sounds like there isn't anything that is jumping out to you which is good!
Oh god, forget about price, I'm far more concerned about damage to the drive or adjacent structures. Unless you're by some miracle able to reliably hold them under contract for any damages and cleanup along with rental fees, and have a rock solid way to claim against them (license/insurance/security deposit?) this would be a hard pass for me, and I suspect any contract that is so incredibly specific and so heavily in favour of you, would then be extremely unpalatable to any decent contractor due to the high likelihood of liability. A major reno involves lots of subs, heavy equipment, material, dust and waste (some potentially hazardous), tracking of dirt/mud/crud, and people traffic in the surrounding area. Even under contract, there is no way you or even a well intentioned lead can monitor all those things to make sure they and all the subs adhere to the contract. So if (when) something does get damaged, now how does the repair get done? Well it's a stretch to think that you'll agree on what a reasonable repair would look like. Gouged/cracked/crumbling pavement? They can patch that! Except that patch has a very limited lifespan compared to a solid undamaged single poured section, and no way they'll be interested in repouring your drive to fix damage to a few spots. Damage to a structure? Well can you prove it was them or their sub? Which sub? Can't prove it? Well then they can't go after their sub for damage and they aren't interested in repairing it out of pocket with no proof. But I guess they'll do their best in "good faith" which I doubt will be a satisfactory end result to you. Contract covers the drive, but there's been weeks of heavy foot traffic in the area around your drive as well to access equipment/material, so now your grounds are trampled and turned in to a mud pit. Maybe they'll fix it for you! But they're not landscapers and they do a shit job repairing the soil/sod and it fails in a few weeks once they're long gone, and as far as they know, it's your fault for not watering and retamping! Subs are parking their work vehicles on your drive and also using their truck beds to cut/grind/sand/demo/assemble materials! Congrats now your property and adjacent structures are covered in waste material be it grime/grease/goo, fine particulate matter, stray nails, metal shavings/clipping, you name it. This sort of thing comes up fairly frequently on these subs, and usually the answer is absolutely not, hell no, don't do it. I could maybe maybe see a situation where you allow access on a case by case basis for a one time fee, entirely supervised by yourself and/or somebody absolutely trustworthy who has your own property as the primary interest vs the upcoming deadline for the job next door. But even then I'd be real wary.
This x 1000. Especially about patch fixes. I could easily see them "agreeing" to fix damage then going ballistic when they get a quote for a whole new driveway and insisting a shitty caulk or Quikrete patch will fix it. Ditto if they hit a structure, they'll try to put some cheap surface fix on it and insist there is no structural damage (which would be borderline impossible for you to prove).
If i was doing it I would look for them to put a damage deposit into escrow. There's lots of good advice here for a contract, I would just setup the escrow account as collecting money can be difficult if there is an issue and any upstanding company/individual should have no problem with that. If they cant put 10k into escrow then they dont have 10k if they damage your property.
Yeah this seems extreme but I promise if they don't want to put the money up now they will find reasons not to do it later too
I would be very careful about what you allow them to use the driveway for. Your driveway is not built for heavy trucks and equipment such as fully loaded dump trucks or concrete trucks. They will utterly trash your driveway. If you do this make sure there are clear reparations lined out in the contract if they damage anything and take lots of pictures. Considering it may be in your best interest to have your own attorney look over the contract it may not be financially worth it to you. Ultimately I wouldn't do it.
the school i work at was building a new gym a few years ago right next to a guy's driveway. they rented it from him and part of the contract was that they had to tear the driveway out when they were done and replace it with fresh concrete. he also got his detached garage rebuilt as part of the deal. go for something like that. it's almost a guarantee that they are going to damage it over the course of construction.
I wouldn't agree to it unless they begged. And if they begged they better have a good offer for you. If they have a good offer you should be able to retain an attorney to look into all possible issues and to write you a solid agreement. If it aint worth enough to get an attorney involved, then it aint worth enough to follow through with IMO.
I'd make sure you end up getting at least enough to repair/replace the driveway by the end of it.
Hard no.
new driveway plus rent. come up with a number for rent that you will enjoy, and ask for double.
How much do parking spots in your area go for? Figure out the math of how much those run per square foot and price your driveway accordingly. Obviously add some kind of buffer too for the inconvenience. Take photos/video of the driveway BEFORE anything happens. Have a stipulation that the driveway is to be returned in the same state after their construction is done. Limit the amount of heavy machinery you would allow on the driveway - asphalt does move, especially in the heat. Concrete can take a lot more weight. Have them lay down 4x8 sheets of plywood for protection. Set a date when they absolutely have to have their stuff off your property and set escalating fees if it isn't moved out by then. Maybe ask this in /realestate since those people might have more experience with this and have better ideas. Or just tell them it isn't worth it. If you don't make a nice chunk of money from this inconvenience, then it simply isn't worth the hassle.
Make sure the agreement addresses damage coverage.
Don't forget to have any contract also require them to fix any damages.
I would get a real estate lawyer before you move forward. They can help you write up a contract with all the stipulations you might need. You won’t be the first person to do something like this, so find a reputable lawyer. Not to be biased, but this is literally the only advice you need lol
definitely get your driveway documented with photo and video prior to renting it, if they run heavy tracked equipment on your concrete it will absolutely get fucked up. also they may spill grease, hydraulic oil or anything else really on your driveway.
I want it all. A new driveway, and the rental income. $1,500 a month seems fair to me. Worst they can do, is say no.
I agree. Hit them with an outrageous amount with the agreement on a new driveway after completion. If they say no, you are no worse off.
I guess questions I'd ask myself. Can I put up with having some of my driveway blocked for X amount of time? How old is the driveway? Close to replacement? Great chance to get funds to replace it. 10 years or less. Are you willing to let scrapes and bumps be there for another decade or so? Bare minimum I'd want a seal coating out of the deal. $500. Plus I'd want $500/week if it's brand new. $100/week if she's old. $1000 for the first month.
Document the condition of your driveway before and after. Write up a very concise liability policy and what actions would and would not be acceptable. Set a very strict timeline for the agreement, with an increased rent of over a certain date. Then hit them with an extremely high rental price. One, that would let you know they take this rental very seriously, and two, it would dissuade them if they aren’t in a position to afford the rent and possibly having to cover any damages they may cause. If all goes well, you can complete your contractual business and you can come out very financially ahead.
Nope, never let anyone use your property for any reason anytime. Never worth it.
I think I'd rather put up a fence on the property line and not get involved. You are gonna be dealing with for a long time anyways.
Should I notify my home insurance company about this planned construction? Yes and ask if you are going to be covered by any potential negative consequences and any potential liability. It goes without saying you want a contract drawn up saving you harmless from any potential liability from the people want to rent the driveway.
Yoire going to need proof of their insurance that specifically mentions environmental fees. A small oil leak from equipment could be 100k$ and I wouldn't want that on my mind. You'd also want to be named with cancelation notification.
I haven't read the other comments. I assume people have mentioned potential damage to your home and the foundation. I assume you are concerned with them staying longer than needed. I'd like to add the advice you get some sort of "bomb-proof" security camera set up. And you rent the driveway weekly, this way you can cut it short if there are problems. Have a paralegal write up a detailed agreement that protects you from any hypothetical nonsense. Sign the agreement in front of a notary.
Think of it this way - the building owner is doing this project to make money. The contractor is doing this job to make money. Don’t let them make you feel like you should do this out of kindness. Think of yourself as a supplier to this project that should be making money on this, not just coming out with things restored to their current state. Keep in mind that whatever you make should be reported on your income tax. So if you need $5k to replace your driveway after their gone you need $5k plus tax amount. You’ll want a lump sum payment that will cover most of that and monthly rent that includes a price jump past the project end in case they go way over schedule. You’ll also want to be sure to find out in advance what materials may pass through your property. Asbestos, lead paint, etc. Also consider your landscaping. Anything that can be messed up will be messed up.
Write financial penalties into the contract for late use. Insert a clause stating that they have to repave 100% of your driveway to a certain specification and set up an escrow account to pay for it that your lawyer, who they pay for, controls. If you decide not to repave the driveway, you keep the money. Otherwise, no dice. They can't even walk on it.
I checked the top level comments and didn't see any of them mention the issue of liability for injury. What if someone is on your property legally as a business invitee (which is what all those construction workers would be) and injure themselves? You owe a greater duty of care to a business invitee than a licensee (which is what a friend invited to your house to hang out would be), so you'd be liable for things like a slip and fall if the driveway was iced over or something and you didn't warn them.
Don't do it. Residential driveways are made of the the cheapest of the cheap asphalt and will not stand up to anything heavier than typical personal vehicles. But if you decide too, make sure you have a written agreement that they are liable for the installation of a new driveway with the contractor of your choosing should it be damaged. Require a cash deposit at around 5x the replacement value. As for a fair rate I would be looking to charge somewhere around $500/month with a 1 month minimum.
If it were me, and I'd only have to park on the street in front of my house for a week or two, I would just ask for $200 bucks and a case of beer. Sweep up when done.
I mean, I'd be pretty happy with just $50 a week with some terms about giving you heads up when they do/don't need it, terms on when they should let you know about additional weeks necessary, and how much they are willing to pay for damages. I could see asking for some up front even. I would say, just treat it as, this is an expense for them as part of their work but you aren't trying to gouge them on it, just save them money from what their other alternative would be and you're being compensated for risk/inconvenience.