Private building inspectors.

• Author: Gilbert, Randall
• Position: Florida

Wouldn't it be great if we could speed up construction without sacrificing quality? With all of the construction in Florida and not enough inspectors, owners and contractors have been screaming for relief from delayed plan review and delayed inspections. Yet not too many people know that the legislature allows for an "alternative plan review and inspection." (1) This article discusses what a private provider is and, in this author's opinion, why it is advantageous for an owner to use a private provider rather than a building official for inspecting residential and commercial construction projects. For purposes of brevity, private provider will be referred to as PP and building official as BO.

What Is a Private Provider?

Enacted October 1, 2002, and then revised on July 1, 2006, F.S. [section] 553.791 provides that "[t]he fee owner may elect to use a private provider to provide plans review or required building inspections, or both." (2) A PP must be licensed under Ch. 471 as an engineer, under Ch. 481, or as an architect. (3) Individuals licensed under Ch. 468 Part XII as building inspectors are also permitted to do inspections but are limited to residential additions and alterations up to 1,000 square feet. (4) To avoid self-policing or self-regulation, PPs cannot provide services for any building designed or constructed by the PP. (5)

Advantages of Using a Private Provider

* Building construction and plan review time is substantially reduced.

* More thorough inspections leads to increased quality in workmanship, less defect claims, and less warranty claims.

* When an inspection for construction is requested from the building department, usually the contractor/design professional is not even present. The contractor/design professional finds out from markings on a permit card or plans that have been rejected. It is easier for private providers to coordinate with contractors or design professionals, and they will usually review the work/plans directly with the contractor/design professional right at the job site.

* There just are not enough inspectors or plan reviewers and this shortage leads to substantial delays. Delays mean loss of productivity. Loss of productivity means lost profits, which is especially true for contracts that have liquidated delay damage clauses. The quicker a project is completed, the less an owner will be inconvenienced. This leads to a more pleasant, fast-tracked, and turnkey experience.

* There is an additional level of quality control.

* Projects are not exposed as long to rain, vandalism, theft, attractive nuisance, or other hazards that affect idle projects.

* Disciplinary action may be taken against a PP for violations.

* The biggest reason to use a PP is because a PP must carry professional liability insurance. Because of their personal exposure, PPs are more likely to be complete, accurate, and thorough than a BO, who has sovereign immunity from liability.

Sovereign Immunity for Building Inspectors

In Trianon Park Condominium Ass'n. v. City of Hialeah, 468 So. 2d 912 (Fla. 1985), the plaintiffs were condominium unit owners seeking damages against the City of Hialeah building inspectors for negligence in inspecting their condominium building and certifying it for occupancy. The Florida Supreme Court held that unless the plaintiffs could show that the city owed either an underlying common law or statutory duty of care to the individual condominium owners with respect to the alleged negligent conduct, there could be no governmental liability for this negligence. The Trianon plaintiffs argued that the city owed them a statutory duty of care to properly inspect construction projects pursuant to F.S. Ch. 533, and that the inspection laws were enacted for the...