If a county elects to obtain insurance they waive their governmental immunity.
Why have they not filed for relief through the Homeowners Recovery Fund. I don’t remember what percentage of the building permit fees we pay go toward the Recovery Fund however NC has taken in a significant amount of money through such program.
But then again, like most governments they may have borrowed from Peter to pay Paul.
For along time I have complained about both licensing boards (Inspector and Contractor)…both are and were a joke for a long time…I know they have tried to rectify the problem but their are way too many builders and inspectors in NC that don’t know squat…they like so many others simply too a seminar on how to pass the test. NC has no one to blame but itself. If I were on such a jury I would find the count AND the state both liable.
In Illinois, per state appealate court rulings, local code inspectors cannot be held liable. All liability rests with the builder.
So, codies have authority, but no liability, whereas home inspectors have liability, but no authority.
I often get the reply from the seller/builder, I passed the city inspection. Thats when I inform them that the city inspector has no liability however I do. if you want to accept the city inspector go ahead. but please get a letter from a licensed qualified contractor that the component was installed properly. and please sign this waver.
The codies miss something and then the client wants us to accept their liability.
Not gonna happen!
if they say it is OK, or (more likely) they don’t find it, give them the liability, which means defer it to a licensed and insured contractor, or to them.
Then, the client will find out just how good (and legally applicabe) the local code inspection is.
Education. Embrace it! :mrgreen:
I find it hard to believe that any state intentionally has laws protecting anyone when gross negligence and incompetence is involved. If so such laws are, in time, found to be against the common good of the populace in court and nullified then cases are reintroduced. Being a civil employee does not protect one from being sued due to abuse of position and negligence of duty, only protection for doing their job correctly within the guidelines of the job.
The AHJ’s don’t guarantee 100 percent code inspections or a good house.
The permit fee comes out to about $400 per actual hour of scheduling, traveling, and inspecting but most of that pays for other expenses within the local goverment. The cost for a goverment office to supply a real and complete inspection process would be about $50,000 per house.
A 100 percent code compliant house (if one exists) would be a credit to the material designers, builder and subs not the code enforcement office.
You can sue them but would likely lose unless the house had very very serious issues.
Select a jury of people with homes that have the typical problems and expect them to feel sorry for the plaintiff who happened to be able to afford a lawsuit?
For the non-inspector readers: Ther are three things with real estate:
- Independent Inspection
- Independent Inspection
- Proper maintenance