insPecTorliaBiliTyunder § 553.84 , f . s .? noTsofasT …
Construction law Section Chairs : DebbieCrockett – CheffyPassidomo , P . A . & AdamBild – BildLawflorida ’ strialcourtsare pavingthewayand clarifyingthelaw asitrelatestobuilding codeinspectors .
In 2002 , the Florida Legislature created section 553.791 , Florida Statues , which authorizes private entities ( known as “ private providers ”) to perform the mandatory building code inspections that accompany construction projects in Florida . Private providers are retained at the option of the fee simple owner of the project in question , and they are authorized to provide inspection services and plans review services . 1 Prior to 2002 , building code inspection services and plans review services were provided solely by local governments who operated under the protection of sovereign immunity . 2 during that time , building code inspectors were not typically named
as defendants in construction defect lawsuits , and , as a result , there is very little case law from Florida ’ s appellate courts discussing the legal duties and obligations of building code inspectors .
With the advent of private providers , who presumably do not enjoy the same legal protections as local governments , it has become common to see private providers named as defendants in construction defect lawsuits . And while the lack of case law directly addressing building code inspectors has left plaintiffs and defendants with little direct guidance when crafting causes of action and defenses thereto , Florida ’ s trial courts are paving the way and clarifying the law as it relates to building code inspectors .
More specifically , one cause of action that is commonly alleged against private providers in construction defect lawsuits is a statutory cause of action under section 553.84 , Florida Statutes . Section 553.84 creates a cause of action for any person or party damaged as a result of a violation of the Florida Building Code or the Florida Building Codes Act , “ against the person or party who committed the violation .” 3
Three Florida trial courts have recently construed section 553.84 to find that a cause of action under section 553.84 cannot be properly stated against a building code inspector . 4 The analyses of these trial
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