Legal Question in Criminal Law in California

School inspector protection

I am a state of california d.S.A. (division of state architect) certified school construction inspector.

I contract with school districts to inspect school construction.

Do i have any protection from

disgrunteled contractors that are being sued by the district for failure to perform their contracts?

Per the california buidling code, i work under the direction of the architect or engineer, hired by the school district & under the guidance of the dept. Of general services.

I carry no e & o.


Asked on 11/22/07, 10:40 pm

2 Answers from Attorneys
Allen Farshi Law Offices of Allen Farshi

Re: School inspector protection

To be sued for breach of contract you must have contract privity, meaning you must have a contract with the district. That does not mean however that the district can not sue you in tort (contract not required) for misrepresentation and damages. The second question has to do with the engineer. I am assuming you personally do not have a contract with the district. If this is correct and you never signed an agreement with the district, nor misrepresented any facts then you should be immune.

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Answered on 11/24/07, 3:53 pm
Allen Farshi Law Offices of Allen Farshi

Re: School inspector protection

If you neither signed a contract with the district nor misrepresented facts then you should be immune. However if the engineer paid you directly and you either did not perform, negligently performed or misrepresented facts, the engineer can sue you directly.

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Answered on 11/24/07, 3:57 pm


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