Liability for Non-Issued Permits and Inspections

2 Replies

I got a letter from the County Public Works Dept. today stating that although my paving contractor applied for permits for our driveway, the pre-installation inspection didn't occur, and therefore, the permits were not issued before the driveway at my property was installed.  The letter includes a timeline of communications with my contractor stating that he contacted them to let them know the asphalt was on its way to the site and was told at that time that permits had not yet been issued.

I was told that while it was the County's right to order me to rip out the driveway, they were willing to take core samples to assess the compactness and depth of it's base, and have a engineering assessment conducted at my expense and, pending the outcome, possibly issue a retroactive permit.  It seemed to me that he was doing a meticulous job at the time, so I'm hopeful well pass with minimal disruption.

Since I got this letter today (Saturday), I haven't been able to speak with either the county or the contractor, but I'd like to understand my rights and obligations a little better before I do.

Who is liable for the added expense of these reports which (I assume) would not have been needed if an inspector had been able to look at the gravel base before the asphalt was poured?  What if I have to cancel reservations and shut down my business during peak season to dig it up and replace it?  Have any of you been through a similar situation?

What does your contract say?

Be nice to the inspector , contact a civil engineer , ask them what it will take to pass , it will cost you , but its cheaper than tearing up and re doing asphalt . Then you try to get the contractor to pitch in.  

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