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Deviation from contract plans

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don11011

Member
City of Sparks, Nevada

We're working with a contractor to renovate our business's tenant space. For permission, the contractor presented a construction proposal to the city. The designs clearly state that there will be enough fire sprinklers installed, but that no fire alarm will be placed. The city officials looked over the plans and approved them. Then, six months later, the city came down and told us that we didn't have a fire alarm installed and that we couldn't open for business. Our contractor claims that the specs do not clearly state whether or not a fire alarm is required, and he blames the city for failing to notice the problem. As a result, we
re forced to pay for the installation using our own money, costing us $6,000.

I feel the contractor and the city should be held accountable for their negligence. Is this correct, and do I have a valid claim?
 


adjusterjack

Senior Member
My guess is that the city has enough disclaimers prominently available (maybe even on your permit) as to owners/contractors meeting code requirements.

Something like this, perhaps:

"Plan approval and permit issuance does not authorize violation of any city code or ordinance. The contractor doing the and the property owner or tenant/occupant authorizing the work are all legally responsible for complying with all codes and ordinances."

If you can't find it on your permit or on the city's website I'm sure somebody at the city will be happy to show it to you.

Besides, the city probably has immunity from any such lawsuits.

As for your contractor, whoever drew up the plans should have drawn them to comply with all the applicable codes. It would be one think if your contractor made a mistake that you also didn't catch. But including that there would be no fire alarms leads me to conclude that you knew (or should have known) that it was a code requirement, else why bring it up in the first place.

It's ultimately your responsibility.

Besides, good luck getting $6000 out or your contractor. (You said $9000 down the street)
 

don11011

Member
I was unaware of the fire alarm requirement. It was pointed out by the city inspector who came down. We assumed that our contractor, who has been in business for over 40 years, would be familiar with compliance issues, but that does not appear to be the case, or he purposefully left it out to make a quick buck at the last minute.
 

Zigner

Senior Member, Non-Attorney
How much would you have paid for installation had itbeen part of the original work?
 

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