Any real estate developers lurking?

[ysi]

So I am in a large city, 6 lane city street, heavy traffic, car on my bumper. I need to turn in at a large shopping center which is ~2-3yrs old and still adding businesses to it. Two large anchor stores, ~15 smaller stores, plus a free standing chain restaurant. This is the main entrance essentially the only entrance. You have to be an insider to know about the hidden second access from another road snaking between two buildings parking lots. To make matters worse, this is the last "entrance" before you are at a huge 24lane intersection. 35mph and no one goes the speed limit these days. Pressure, right?

I turn in and scream and come to a dead stop because they have not paved the first 50 feet and it is a washed out gravel gully of huge pot holes. My car drops down into a hole and I hear a bad sound axle? rod? who knows. The car behind me turns in also-they at least get a moment of warning.

Who is responsible for paving the entrance to a shopping center-there are no sidewalks just enter into the parking lot-which by the way has the craziest layout I've ever seen? Did the developer run out of money/concrete? This is NOT a "just opened" commercial development. I expressed my displeasure in one of the stores whereupon the clerk told me about the hidden/secret access. I then left.

[Deleted]

I'm not sure what you're asking. Are you planning on filing an insurance claim? You can file a claim with your insurance agent and let them do the research regarding the responsible property owner. It could be the complex has been foreclosed upon or in financial distress. Alternatively, you could find out who is the property manager and complain or go to your county assessor's office and research ownership yourself but it could be complicated.

[ysi]

I want to know who is the party to curse? I am assuming a city automatically owns a certain amount of setback from city streets? Would that 50feet be the city's responsibility (the city is in dire financial straits) and the developer said screw you we aren't paving it?

[Regis]

In most areas where I've worked (I'm a civil engineer/land surveyor), it would be the developer's responsibility. Once built, the city would maintain the pavement up to the right-of-way line. Pretty sure the cashier at the store had no control over the situation.

[thatgirl]

I work for a commercial real estate development and management company; I work mostly on the management side. Typically when developing a shopping center, it is the developers responsibility to conduct traffic studies, obtain traffic engineering reports, pay for the construction of turn bays, stop lights, etc. This could, of course, depend on the requirements of your city government.

In previous developments we have undertaken, we've been responsible for paying for city improvements and then the city takes over the maintenance of said improvements. We also have developed sites where we are responsible for maintaining city improvements (usually landscaping along major streets).

So, my answer is....it depends. I would take pictures of the driveway area where your car was damaged immediately. Then, contact the shopping center's management company to report the incident. They should be able to tell you offhand who is responsible for the driveway. Assuming it is the owner of the shopping center, you can contact their insurance company directly to file a claim.

It is also worth noting that, especially with the recent downturn of the economy and real estate development in general, the shopping center in question may have been parceled out and may be owned by several different owners, which may complicate things a bit.

Hope this helps!