Should Our Contractor Pull our Building Permit or Should We?

Lender · Salt Lake City, UT · Member since 2012 · 714 posts · 169 votes

When doing any remodeling work on a property we’ve taken back, we’ve always pulled our own building permits and then had our designated contractor do the work. However, I recently read something about this and it said that the contractor should be the one to pull the permits. The reason given was that the person who pulls the permit is the one responsible for making sure the job is done correctly.

We’ve had contractors who have insisted that we pull our own permits to save them time. But what if a worker is injured or damages someone else’s personal property while doing the work? Does the liability fall on us or on the contractor if we pulled our own permit? Please share any experience you’ve had with this

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Karen MargraveBusiness Member

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Realtor, General Contractor, and Developer · Redding, CA · Member since 2009 · 7k+ posts · 4k+ votes

14y

It would depend on many factors, and could vary from state to state, city to city, but "generally speaking" 1. When you pull the permits does it ask the name of the "general contractor" or 2. Are you acting as the general contractor, hiring all subs, etc.? If you hire a "licensed general contractor", they are responsible for everything that happens under their watch. If on the other hand you are acting as the general contractor, then you are responsible for all the work and liability under you. But, whoever is on the permit is the one that is responsible for things getting done to obtain the notice of completion and or to obtain occupancy. PLEASE NOTE: If you aren't sure who is responsible for what, get advice from your attorney so as not to open yourself up to a costly liability lawsuit.

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Matthew CrivelliBusiness Member
Lender · MA · Member since 2021 · 1k+ posts · 1k+ votes
5y
YOU SHOULD.
Its Your home not the contractor. He has no incentive to protect your assets. Cover yourself.
[email protected]413-348-8346
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David Avery
Flipper/Rehabber · Phoenix Arizona · Member since 2020 · 1k+ posts · 686 votes
5y
Growing up in Salt Lake City ( Cottonwood area). It touches home to respond.
The only reason permits are permits is to make sure the work is done in code.
Code is safety issues and city has their hand out for the fee!
Attorneys, Contractors, Home owners, bottom line is safety.!
If my electrician does not pull the permit, i don't pull the permit, and the home owner
doesn't. It is who's fault!?
If it is done in code it was done right!
Bottom line!
The electrician is on the up and up and his work is on the up and up.
His work doesn't change because of a permit!
He does not need to be babysit on everything he does.
The city wants that so they can make there $$$.
But yes, a permit should have been pulled!!
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Jake Wosick
Raleigh, NC · Member since 2021 · 52 posts · 12 votes
5y
I usually pull mine because it's faster, however, I have seen contractors cut corners who don't pull their own. How well do you know the contractor? Have you worked with them before? Are questions I probably start with.
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Michelle CrochetBusiness Member
Realtor · Burbank, CA · Member since 2019 · 81 posts · 62 votes
5y
If you have a contractor who you trust and is willing to do it, save yourself the time and energy. Just make sure you get all updates and copies of forms. We have been very appreciative of our contractor dealing with the city of PHX (omg the permit process is out of hand there) because it's been so much back and forth and in the end he's the one making the changes to the drawings. Good luck!
[email protected]818-688-2062
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Jeremy Reay
New to Real Estate · Provo, UT · Member since 2020 · 8 posts · 0 votes
5y
GC typically pulls them.
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David Ginn
Real Estate Consultant · Houston, TX · Member since 2020 · 206 posts · 944 votes
5y
As a general rule with building permits, it's always a good idea to have the contractor pull the permit. In fact, if you pull your own permit to do a renovation, normally, there's a homeowner builder statute that says you can pull your permit as long as you live in the home for a specific amount of time. So if the contractor is telling you to pull the permit, you have to make sure that you're in compliance with that state or city ordinance. As far as being a homeowner builder, you want to first look at those laws to see what it says, If it was me, I'd have the contractor pulled a permit. As far as liability, it really doesn't work that way. The way that people say, well, the contractor pulls the permit, he's liable. At the end of the day, whether or not the contractor pulls the permit or not. In most states, he's going to be liable for the work he does. So if you pulled the permits, and hired a contractor to come in and do the work, your contractor is still going to assume liability by virtue of coming on to your job and doing the work. He's going to be held accountable. So someone gets hurt, that's an insurance issue or question, you might want to make sure he's bonded and insured as an example, or you're going to take the risk, hoping that your insurance will cover it, which there are all kinds of pitfalls with that are things you need to be aware of. So to ask your insurance agent, what you're covered for or not, but I wouldn't mix the issues together. Whoever pulls the permit. I don't see it as a major liability issue. The city or governing entity might require a licensed contractor to pull a permit. And if they do, then they're doing that to protect the public as a whole. But generally, your contractor is liable for whatever he does.

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