Legal Question in Construction Law in Florida

New roof does not meet code, but approved by city inspectors

I contracted for a new roof and the city failed to properly permit and inspect the progress, ultimately issuing a final, when the roof does not meet building code. The city has refused my written request to reinspect the property to address my concerns. In addition to structural code violations missed upon inspection, the city did not comply with city or county code, post-dated inspections, accepted a renail affidavit outside of city regulations for such acceptance. The city did not permit the roof until 3 months after it had been started, yet only charged the regular permit fee, although city code provides that all permits obtained after work has started shall be double the regular fee. The roofer left asphalt on my yard, in violation of city code, which requires that a bond be posted to ensure debrise has been removed. I have had a forensic inspection done and the violations are listed in that report.

What options do I have to address this with the city and how do I find an attorney with municipal litigation experience?


Asked on 9/11/00, 8:08 pm

1 Answer from Attorneys

Stephen Verbit Stephen R. Verbit, P.A.

Re: New roof does not meet code, but approved by city inspectors

Based on the facts you have stated, the salient facts are as follows: You entered into a contract with a roofing company to build a new roof. The new roof violates the building code and has what you term "structural code violations." In my opinion, you should be pursuing the roofing company, instead of trying to have the city bring code enforcement proceedings against you. You now have a roof that violates code. The city will come after YOU for that,and require YOU to correct the problems, not the roofing company. The roofing company was required to build a roof in accordance with approved plans and specifications, and in accordance with all applicable building codes. This the roofer failed to you, according to your information. In addition, the roofer left debris on your land, also in violation of your contract, I would guess. Enforce your contract against the roofer. In my opinion, you need your roof fixed. The city is not going to do that for you. The city may have violated their own regulations in your case, and if they did it in your case, the problems are most likely systemic, unless your roofer has a "special" understanding with certain city officials. Get your roof fixed first by seeking to hold the roofer accountable. After that, if you want to get involved, present your concerns to the city about the irregularities in their permitting process. You are not going to get a new roof from the city, however.

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Answered on 10/14/00, 10:01 am


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