Vibration Damage from Pile Driving and Contractor Liability

A construction contractor was sued for damages resulting from vibrations caused by pile driving, which allegedly damaged the adjacent property's structure. The contractor argued that the owner had been aware of the vibration risks, as the construction contract mentioned the use of such techniques, and that the damage was caused by the inherent risk of the work carried out according to regulations. The appellate court upheld the lower court's decision, finding the contractor liable because the vibrations exceeded acceptable nuisance levels, constituting a fault in the execution of the work by failing to adequately mitigate the known risks associated with pile driving, despite the contractual notice of the technique's use.