Can the building inspector be held responsible for my construction defects?
[back to top] A. In just about every case, we are asked by our clients: “Why did the building inspector ever approve our property when it is defective?” And, “Why can’t we sue that inspector?” The answer is: We would like to, but public employees are generally immune from suit for acts within their discretion. Further, building officials who act in good faith and without malice (ill will or evil intent) in the discharge of their duties are statutorily immune from liability. [See, Uniform Building Code, _ 104.2.6 (1997 Ed.)] Q. Will any governmental agency help me? [back to top] A. A governmental agency that is promoted to protect the consumer is the Contractors State License Board. This state-run program will take a consumer’s complaint and attempt to investigate the matter with the involved contractor and come to some resolution. In certain cases, it may be appropriate to make a claim with this agency and to seek its assistance. Q. Do I need to hire a lawyer that is experienced in con
