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Tuesday, January 10, 2012

Legal Corner: Permits, and why do we need them


Engineers and Contractors deal with the permitting process on a regular basis. While most view it as a necessary evil, there are some who fail to the see its importance, and view it as bureaucratic nuisance.

Such ignorance of the consequences of working without a permit may tempt some in our industry to play a game of cat and mouse with permitting agency, and adopt an attitude of “I will get a permit when I get caught”.

In the abstract, permits are an important tool the local governments have to protect public health, safety and general welfare. Specifically, permits serve a crucial rule in ensuring that construction is performed in compliance with applicable building and fire codes.

To reinforce this idea, the consequences of performing services without the required permits or without complying with the applicable are severe, including but not limited to:

  • criminal and civil penalties,
  • demolishing of structures constructed
  • it may be considered a material breach of a construction contract, and
  • it may be used as evidence of negligence in a subsequent lawsuit whether or not there was a lack of knowledge of design defects and building code violations

It is noteworthy that the issuing agency can revoke a permit, if they deem that, due to omissions or errors in the permit application, the permit was improperly issued or if the work is not performed in compliance with the applicable codes, not withstanding the costs incurred as a result of the cessation of work. So, it is vital to make sure that the permit application is complete, accurate and that the work is performed in accordance with all applicable building codes in order to avoid a costly interruption of work.


Disclaimer: We are not lawyers, as such any Legal Information provided is not Legal Advice. For legal advice we urge you to speak with a lawyer.
IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH LEGAL INFORMATION.

Image: scottchan / FreeDigitalPhotos.net


Posted by: Eddie Ismail

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