Legal Question in Construction Law in California
why is a building department not liable for errors in the construction of a home they do inspect it and declare it ready for occupanvy?
2 Answers from Attorneys
They did not cause the problem and give no guarantee that they will find all defects. The inspection is done to meet public entity standards and not directly to prevent injuries to residents or to make sue that there are no defects.
Mr. Shers is right. The inspection is for compliance with permitts, not for quality of the construction. Furthermore, there is a fundamental rule that the government can only be sued for what it agrees to be sued for. That is called sovereign immunity. As a matter of public policy, the various legislative bodies from the Congress to the local city councils have agreed to be sued for most run of the mill things, and for such things as civil rights violations in some cases, etc. On thing that the legislative bodies in this country have universally refused to waive sovereign immunity for is construction defects, landslides, and anything else that comes from approving plans and permits.
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