Is there a reimbursement provision or other compensation available for business lost due to road construction?

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Is there a reimbursement provision or other compensation available for business lost due to road construction?

Restaurant in a location where they are widening a road directly out in front of the business which limits traffic flow on the road and sometimes direct access to the entrance to the business. Restaurant has records of guest flow going back more than 10 years which was prior to the beginning of the construction project and can show the direct impact on guest counts. In FL.

Asked on November 3, 2010 under Business Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What you seem to be alluding to here is a loss of business claim that you wish to make as against the the City or County or State, depending on who is in control of the road and who is doing the construction work.  Sometimes these claims are made on the businesses own insurance policy and not as against a third party, but these type of claims are generally denied by insurance carriers and then there is a long appeals process that ensues.  I would seek consultation from an attorney in your area as to what you can do here.  Bring your insurance policy with you for he or she to read just to be sure.  If nothing else then maybe there can be litigation to insure that there is access to the business except in certain limited times.  But the state generally has the right to repair or construct roads to the disadvantage of everyone else.  Good luck.


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