Can I sue an electrical inspector for negligence, despite not having a direct contractual relationship?

UPDATED: Dec 3, 2011

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Can I sue an electrical inspector for negligence, despite not having a direct contractual relationship?

I named the electrical inspector, hired by the electrical contractor, in my complaint because they were negligent by issuing a certificate of compliance to my new home builder as owner. The certificate was used in obtaining the certificate of occupancy, which obligated me to close on the new construction. The electrical inspector will claim I had no contract with them, but I believe I have an implied contract, and they were complacent in obtaining a defective C.O. Can I sue them?

Asked on December 3, 2011 under Real Estate Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you can prove that you owned the building where there was a negligent certificate of occupation issued by the electrical inspector and that you relied on the issued certificate in some manner that caused you damage, based upon the facts that you have listed in your question, you have stated a cause of action. Whether or not you prevail in your matter remains to be seen.

If you do not have an attorney representing you in your matter, I suggest that you retain one, preferably a real estate and construction attorney.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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