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Building Officials and Inspectors don't have Immunity

In the City and County of San Francisco you almost have to hire a permit expediter to get a permit, otherwise you get a run-around that can last years, the last I heard the fees for a permit expediter ran $10,000 for starters, a former city plan checker was one of the most successful at getting permits, Jimmy Jen was quite sucessful

Jen is a former plan checker for the city of San Francisco who is well known in construction circles for his ability to push permits through building inspectors.
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Rick

In California a registered engineer or architect can only be retained by the client, an architect, enginer, lawyer and sometimes a contractor. If an unlicensed building designer were to hire a registered engineer or architect he would be in violation of the licensing laws.
 
Oh, for me.. it would have to be steam trunk(s) of non sequential, un marked $50's. But then, I couldn't lift them or fit them into the Corolla, so I guess... I don't have a price.

Had a framer that used to leave a 6 pack for the inspector (don't know that any of them ever took it)...
 
Mark K said:
RickIn California a registered engineer or architect can only be retained by the client, an architect, enginer, lawyer and sometimes a contractor. If an unlicensed building designer were to hire a registered engineer or architect he would be in violation of the licensing laws.
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Yeah. It would be adjusted to the laws. In other words, the contract maybe made with the client under those circumstances but I serve as client's authorized agent.
 
Client's authorized agent? so you're not the building official? A public official is never an agent of anyone.
 
peach said:
Client's authorized agent? so you're not the building official? A public official is never an agent of anyone.
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No. I don't think I claimed to be the B.O. I know the B.O. in my locale and the requirements. I know what the codes are, the statutes and administrative rules of this state.
 
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Originally Posted by peach I understand all that, Rick.. I don't do plan review (which is where these issues get flushed out)... although I was a plan reviewer for many years.

Require what you want.
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Are you not a Building Official ?

It is your duty if you don't have have a separate dedicated plan reviewer

I copied and pasted (although maybe not as professionally as i could have) from the residential structural.

I HAVE been a building offical.. in 3 jurisdictions.. I'm now a 3PP.

AND an agent (as an approved 3PP) for a major jurisdiction.

I have almost 30 years of municipal/design/construction/enforcement experience. (take out 5 years of military.. ok, 25).

I KNOW what I'm talking about.

I received my degree in ENGINEERING in 1979.. all my military stints have been with the Corps of Engineers (including mobilization right after 911 at the Corps HQ).
 
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peach said:
I copied and pasted (although maybe not as professionally as i could have) from the residential structural.I HAVE been a building offical.. in 3 jurisdictions.. I'm now a 3PP.

AND an agent (as an approved 3PP) for a major jurisdiction.

I have almost 30 years of municipal/design/construction/enforcement experience. (take out 5 years of military.. ok, 25).

I KNOW what I'm talking about.

I received my degree in ENGINEERING in 1979.. all my military stints have been with the Corps of Engineers (including mobilization right after 911 at the Corps HQ).
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Helped out in your quoting. Ok, Peach. Not sure what 3PP means. I'm not into all the fancy alphabet soup titles.
 
amen to that RJJ.. speed of light, (then they move on to something else.. I'm convinced so that we can't see what they just did).
 
pyrguy said:
3pp = third party provider
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Thanks for clarification. I was wanting to be sure what it meant in the context. It was on the line of thought in my mind.
 
Peach: It is quite humbling when my 8 year old grandson shows me how to use the computer, cell phone, wee, or xbox. However, when it comes to finding fish he is the student.
 
My expectation is that the City of Atherton will walk. No evidence provided that would indicate that the officials acted outside of their governmental duties, thus they should be immune from action. Suggest that the City's consultants did not have authority to issue or deny permit thus many of the claims against them are invalid.

The claim against the City references a code section that it does not appear was even adopted by the City. Because of state amendments to the CBC Chapter 1 of the 2006 IBC was placed in an appendix and is thus only applicable if specifically adopted by the local jurisdiction. Suggest that the plaintiff’s consultants did not fully understand the Building Code.

A quick internet search on the attorneys representing the plaintiffs indicates that Carey & Carey specializes in family law and real estate cases. Mr. Campbell specializes in civil litigation. Are these the appropriate areas of expertise?

Should the city have found some of the problems? Probably but that does not establish that they are liable. I will suggest the plan checks in California are probably more thorough than in many parts of the country.

Allegations that the defendants should have known of their own incompetence is ludicrous. It is well established that incompetent individuals tend to have great confidence that they know what they are doing.

I am not surprised to hear that work was not done per code and their may be a claim but it would not surprise me if there are other factors at play. The sense is that somebody is after revenge. When there is a need for revenge or to be proven right it only enriches the lawyers. There is a saying may you be cursed with a law suit where you are in the right.

Why did the plaintiff not do a background check on the contractor and the designers? Would they not do the same if advising one of their clients. Note that at lest one of the Plaintiffs is an attorney. If the defendants are truly incompetent and dishonest as alleged such an investigation should have uncovered such facts.

The pleading suggests that the plaintiffs were much more involved in making decisions and approving subs than is normal. Along with the control/involvement one accepts some liability for the results.

I am thankful that it is not against the law to discriminate against lawyers.
 
For those who don't want to read the whole thing, here is the abridged version:

"Greetings, you have been sued......herein blah blah blah.....severe emotional and psychological pain and suffering......theretofore blah blah blah......malicious and negligent actions......henceforward blah blah blah."

Hope this helps.
 
I Apologize ...

Building Professionals,

I mistakenly believed that this was a forum for Building Professionals who passionately love the "best profession in the world," that of building the homes and businesses where we live and work. Instead, I found:

1) People making up their own facts;

2) People eager to "blame the victims;" and

3) People unburdened by the ability to spell and punctuate.

I apologize profusely. My mistake. I won't intrude again.

Sincerely,

Kimberly R. Sweidy, Homeowner
 
krsweidy said:
Building Professionals,I mistakenly believed that this was a forum for Building Professionals who passionately love the "best profession in the world," that of building the homes and businesses where we live and work. Instead, I found:

1) People making up their own facts;

2) People eager to "blame the victims;" and

3) People unburdened by the ability to spell and punctuate.

I apologize profusely. My mistake. I won't intrude again.

Sincerely,

Kimberly R. Sweidy, Homeowner
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Welcome

Well stated, sorry to see you go

Sounds like issues that killed the ICC site

Mark
 
krsweidy said:
Building Professionals,I mistakenly believed that this was a forum for Building Professionals who passionately love the "best profession in the world," that of building the homes and businesses where we live and work. Instead, I found:

1) People making up their own facts;

2) People eager to "blame the victims;" and

3) People unburdened by the ability to spell and punctuate.

I apologize profusely. My mistake. I won't intrude again.

Sincerely,

Kimberly R. Sweidy, Homeowner
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http://www.youtube.com/watch?v=jCvz8y_DUSY
 
I tried to read that first document; about the $13, 000,000.00 construction of a home(?) law suit. Wow, if they can't build a house that is that expensive; what happens to "normal" homes?

The homeowner either knows a lot about the construction process, methods and materials; or hired someone to be on-site who does. If the homeowner knew all the details of incorrect construction at the time it was being done; and let the construction continue; then I don't see where there is reason for a law suit. But, that's California; I guess.

Didn't read link #2; but so far, I'm with Packsaddle on this one,

Uncle Bob
 
krsweidy said:
Building Professionals,I mistakenly believed that this was a forum for Building Professionals who passionately love the "best profession in the world," that of building the homes and businesses where we live and work. Instead, I found:

1) People making up their own facts;

2) People eager to "blame the victims;" and

3) People unburdened by the ability to spell and punctuate.

I apologize profusely. My mistake. I won't intrude again.

Sincerely,

Kimberly R. Sweidy, Homeowner
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Actually, the "best profession in the world" is Naval Attack Aviation, but being a building official is a close second. I'm sorry that you feel there are those who are blaming the victim, just because their opinion differs from yours. However, nothing I have read points to the failure of the city to perform any duty owed to you, nor is there any evidence of incompetence. I, like others, expect you to fail in your pursuit of the city.

Just a little friendly advice for your future posts: attacking one's spelling, grammar or punctuation in lieu of focusing on the point of the argument makes you appear petulant and childish. As an attorney I would expect you to be better than that.
 
I find it interesting that everyone that Ms. Sweidy chose/hired (and paid huge $$) is evidently faultless. This includes the architect, engineer, contractor, and CUSTOMER! And the civil servant who is obligated to perform a limited, clearly defined scope of inspections is culpable???

The purpose of an inspector is to CONFIRM code compliance, not create it. The design professionals and builder (and ultimately the customer) are on the hook for the code compliance. I bet this complex home requried special inspections on many of the disputed components... where are they in the lawsuit?
 
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