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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 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.


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