Can Building Departments Be Held Liable for Construction Defects? Answered by a Colorado Construction Defect Lawyer
When it comes to residential construction, ensuring the safety and quality of homes is paramount. Homeowners rely on building departments to oversee the construction process, but what happens when defects arise? Can building departments be held liable for residential construction defects in Colorado? In this article, our Colorado construction defect lawyer will explore the intricacies of liability, governmental immunity, and the rights of homeowners in pursuing claims for defective construction.
Role of County and Municipal Building Departments in Residential Construction Projects
County and municipality building departments serve as guardians of safety and quality in residential construction projects. Their role encompasses a wide range of responsibilities, from issuing permits to conducting inspections. In this analysis, we delve into the role these departments play in ensuring compliance with building codes, safeguarding homeowners, and fostering the integrity of residential structures.
Issuing Permits
One of the primary functions of county and municipality building departments is to issue permits for residential construction projects. These permits serve as official authorization for builders to commence work and are typically contingent upon compliance with relevant building codes and regulations. By reviewing construction plans and ensuring adherence to code requirements, building departments contribute to the structural integrity and safety of residential buildings from the outset.
Enforcing Building Codes
Building codes are essential standards designed to safeguard occupants and preserve the structural integrity of buildings. County and municipality building departments play a vital role in enforcing these codes throughout the construction process. Through rigorous inspections and compliance monitoring, building departments ensure that residential structures meet or exceed minimum safety and quality standards. By upholding building codes, these departments contribute to the overall well-being and longevity of residential properties.
Conducting Inspections
Inspections are a cornerstone of effective building regulation, providing opportunities to assess compliance with codes and identify potential hazards or deficiencies. County and municipality building departments conduct inspections at various stages of residential construction projects, including foundation, framing, electrical, plumbing, and final occupancy. These inspections serve as checkpoints to verify that construction meets prescribed standards and mitigate risks associated with substandard workmanship or materials.
Addressing Code Violations
In cases where code violations are identified during inspections, county and municipality building departments play a crucial role in enforcing corrective actions. Depending on the nature and severity of the violations, building departments may issue citations, require remediation, or halt construction until compliance is achieved. By holding builders accountable for code violations, these departments help safeguard homeowners and uphold the integrity of residential construction projects.
Understanding Governmental Immunity in Colorado
As a Colorado construction defect attorney, I have encountered many instances where a County or Municipality's Building Department simply screwed up. From issuing a building permit without ensuring that the county or municipality licensing requirements have been met to negligently issuing a certificate of occupancy in spite of a glaring code violation, mistakes happen. When homeowners discover defects in their residences, they often wonder whether the building department can be held liable. This is especially true in circumstances where a contractor has inadequate insurance coverage and little to no assets to recover against.
Unfortunately, the answer to this question is generally "no." Colorado's Governmental Immunity Act (CGIA) provides protection to governmental entities, including building departments, from certain lawsuits. Specifically, Colo. Rev. Stat. 24-10-106 provides that all public entities "shall be immune from liability in all claims for injury which lie in tort or could lie in tort..." Although there are a number of express waivers, none of them apply to residential construction projects. In general, these waivers apply to personal injuries that occur on public property.
Further, most counties and municipalities' building codes will include express waivers of liability for injuries arising in any way from those codes. For instance, Pueblo County's Building Code contains an express waiver that, "No person, firm, corporation or other entity shall have any private right of action, claim or civil liability remedy against the County of Pueblo, the Pueblo Regional Building Department, or their commissions, boards of appeals, or officers, employees or agents of such bodies or entities, for any damage arising out of or in any way connected with the adoption, enforcement or nonenforcement of said resolution or the code."
How a Colorado Construction Defect Lawyer Can Help
Although a building department will generally be immune from liability for any construction defects, a Colorado construction defect lawyer can still assist a homeowner in obtaining necessary information from that building department to bolster its claims against the responsible construction professionals. Specifically, each county or municipality code will require the building department to obtain and keep itemized information concerning the construction project and construction professional. This generally includes information such as building plans, licenses, and certificates of insurance. With this information, a construction defect lawyer can better assess the homeowners claims and better assess whether the responsible construction professional has available insurance that may compensate the homeowner.
In short, navigating claims against building departments and construction professionals for residential construction defects requires the expertise of an experienced Colorado construction defect lawyer. Homeowners should seek guidance from Colorado construction defect lawyers who specialize in residential construction litigation. A skilled attorney can assess the merits of a claim, gather evidence, navigate the legal process, and advocate for fair compensation on behalf of homeowners. With legal representation, homeowners can pursue their rights effectively and hold building departments accountable for residential construction defects.
At Hollington Law Firm, we specialize in residential construction defects and represent homeowners throughout the state of Colorado. If you find yourself facing construction defects, contact an experienced Colorado construction lawyer today. We offer each of our clients a free, no-risk, initial consultation to fully discuss and address their concerns and claims.
The information provided on this website is for general informational purposes only and should not be construed as legal advice or legal opinion. You should not act or refrain from acting on the basis of any information provided on this website without seeking legal advice from an attorney.