"pray4surf" <pray4surf@nospams.net> wrote
> Quick overview: I work in an SoCal industrial park, next door a business is
> expanding and the construction is steel frame. Work is being done as high as
> 3 stories up.
>
> Here's my dilemma: since the steel work has begun, I've noticed pinpoint
> spots of rust, literally hundreds on the horizontal surfaces of the two
> vehicles I drive to work (One a Honda). Additionally, every white car (both
> mine are white) or light colored car that parks in the same vicinity
> exhibits the same malady. This is the only commonality amongst the vehicles
> infected.
>
> I suspect that this rust is do to the steel work being done. The workers are
> cutting and grinding three stories up, and it is my belief that the
> prevailing winds carry the steel 'dust' over our parking lot, where it gets
> deposited on the vehicles and when it gets exposed to moisture, it begins to
> rust.
>
> I initially noticed this last weekend when I washed the cars. In order to
> remove the rust I literally had to clay-bar and polish the paint. I only did
> a small portion until I had a chance to evaluate the problem.
>
> If this was overspray from a painter, I think that the contractor would be
> liable for the damages to others private property. Is this any different?
> Other than the fact that this can be much more insidious and damaging...
>
> If I choose to confront the contractor, any suggestions on how best to
> approach this? Points against me is the lack of actual proof. I really have
> no way of knowing that this is the sole cause. It's not like my paint
> analogy because I don't have specks of paint the same color. Points for me
> is the widespread 'coincidence' of multiple vehicles with the same damage.
> These vehicles have nothing in common except parking in the same lot as I
> do. Other vehicles parked not downwind are not affected.
>
> I guess this just pisses me off, Keeping my vehicles clean and looking good
> is time consuming enough without having the additional burden of repairing
> damage caused by others...
>
> No, I'm not looking for a financial windfall, I'd simply like the contractor
> pay for the damage he has caused. It could get quite expensive for him if
> 'everyone' were to file similar claims...
>
> Your advice?

It costs you little to write the company a letter and ask them to pay for the
damage. You can search the Internet for similar cases. If the company resists,
send a follow-up saying you are going to the media and expect the publicity will
not be good. Either way, I would not be optimistic you'll get the damage fixed.

If you have the energy, you could investigate what your area has to offer in the
way of a small claims court. One does not necessarily have to have a lawyer for
small claims court. It will cost you time, and you may get nothing in return.

Failing small claims court, I think the only way you could possibly get any
money out of this company is to get a lawyer. Even with a lawyer, the company
may have greater legal resources and so just keep stalling until the cost of
continuing the legal claim is greater for you than what you would spend to have
the car returned to its original condition. Even with a lawyer, the company
could claim your car's damage was due to your (alleged) poor choice of where to
park it, the weather, etc.