Building Inspector Failed to Require a Needed Installation and the City Signed Off on it

Share the Knowledge!

“Some friends hired a building contractor to add on to their home. ┬áThe city issued a building permit for the job. The building inspectors inspected the work and failed to require the contractor to install vent flashings on the pipes coming thru the roof.

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

It rained and the roof collapsed.

Three months later the building inspectors sent the friends a letter with the building codes that required vent flashings on the roof and faulted the builder for the roof penetrations by the rain.

Since the building inspectors did not make the Contractor install vent flashings which were required by building codes, have the building inspectors and the city committed fraud by taking money for a building permit?”

First, your friend would want to review the contract they signed with the building contractor. There may be language in the contract that addresses this type of issue. Assuming there isn’t any language for this type of incident, one would need to know whether your friends or the contractor obtained the permits. Generally, the person who obtained the permits is responsible for complying with them. If the contractor applied for the permits, then he may have failed to meet code (and likely breached his contract with your friend).

Whether your friend will be able to hold the city liable for missing something during a building inspection is another matter entirely. The contractor is probably your friend’s best bet for compensation, and licensed contractors are generally required to carry insurance to pay for damages as a result of their work (like the ones to your friend’s home).

That said, the failure of the building inspector to catch the error may not get the contractor off the hook. Not installing vent flashings seems like a pretty obvious mistake and your friend should contact an attorney to pursue a claim against the contractor. They should be able to use the letter from the building inspectors as evidence of his fault.

Share the Knowledge!

Author: House Attorney

A house attorney has answered this question.