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Re: legal responsibilities of the building official

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This has been my experience as well. Building Officials have been, in the
past, unwilling to revoke a permit or remove my name from the plans. I'm
not an attorney so I cannot give legal advise; just info from my
experience. I believe about the only two recourses you have are:
1.	Small claims court
2.	File preliminary lien withing 30 days of the start of construction.

I realize that, for this project, the following might be water under the
bridge. Some folks submit plans to the building department stamped but not
signed waiting to apply signature as a plan check correction. When they get
this plan check correction, sufficient time has passed and the engineer has
a good opportunity to get his/her money.

Of course, there are all kinds of problems with these scenarios. What if
the project dies after you have done your work and doesn't apply for or get
a permit? You are "lucky" in the sense construction is moving forward and
you know when construction will or has start(ed) therefore giving you an
opportunity to file a lien. Act now. Call your atty for advise.

If you know who the owner of the project is, you can send a registered
letter to him/her stating that you have not been paid for the work you have
done to date and you are considering legal action against your client and,
until this issue is resolved, you will be filing a lien against the
property and will not respond to any issues regarding this project until
this matter is resolved.

Step 2: Call Guido.

Regards,
Bill Allen

Regards,
Bill Allen

----------
> From: Seimone Jurjis <Sjurjis(--nospam--at)nt.ci.west-hollywood.ca.us>
> To: SEAOC <seaoc(--nospam--at)seaoc.org>
> Subject: legal responsibilities of the building official
> Date: Thursday, February 12, 1998 9:49 AM
> 
> 
> 
> 3.  Notify the building official that circumstances require you to
> remove
> your seal from the plans and specifications.
> 
>  ---
> 
> This is an interesting topic.  As far as I know there is no requirement
> in the UBC that requires the building official to honor the
> request from the engineer to remove their seal from the plans once the
> building permit is issued.  Once the plans are approved
> and the permit has been issued there is nothing the building official
> can do to protect the engineer.  Section 106.3.4.1 protects
> the owner incase there is a change of architect or engineer.  An
> engineer can request their plans back before the plans are approved, but
> once the permit is issued the plans kept on file are now  the city's and
> only a court order will release them.   If the engineer is not paid it
> basically becomes a civil matter with the client.  The engineer could
> get a court injunction to stop construction but thats difficult to get.
> 
> I would appreciate additional comments on this subject.  Its important
> to understand what the building official can legally do.
> 
> Seimone Jurjis,  PE
> Plan Check Engineer
> 
> 
>