Forwarded from an attorney friend in AL. (Shortened from 8 page ruling). A county judge has ruled that as the county disclaims all responsibility for erroneous rulings incurred during the inspection process, then the county buildings dept. cannot invoke any penalties for presumed violations. It seems the judge is saying it must be a level playing field where the inspectors are liable for capricious rulings if the contractor is subject to sanctions. Looks as if AL is ahead of the pack in declaring that inspectors are held liable for their interpretations of codes and ordinances. Rowdy
This sounds very strange! As an employee of an electrical contractor, I'm not the one that gets sued if I make a mistake that causes a disaster. The corporation I work for gets sued. All they can do is fire me. The default setting for any public entity is to deny all claims, but now they've got a judge backing this up? (It looks like inspection wouldn't be such a great idea for my old age job after all?)
Re: Wow, What's Next?#31410 11/22/0310:40 AM11/22/0310:40 AM
On Long Island our inspections are done by private agencies that have been accepted by the jurisdictions to do inspections. I believe they put up a big bond and the Agency could be held liable if it came down to it.
I think New Jersey and Penn. may have similar situations.
Re: Wow, What's Next?#31412 11/22/0310:56 AM11/22/0310:56 AM