|Posted by CM on January 18, 19101 at 17:24:24:|
|In response to Re: ***Major HWH manufacturers require the tanks***|
I agree with you that the municipality, if they were 100% on top of things, should have warned you. But "should have" and "are required to" are two very different things in a legal sense. They simply will not take responsibility for what is essentially a design omission on the part of the installer. If you have a claim, it is against the installer. A building code official is not even responsible for insuring that a particular installation meets code (even if they inspected and passed it!); the installer, in being listed on the permit, attests that they are installing it so. If your particular municipality was lax in writing their permit conditions, you may have a case, but most follow standard language that absolves them of any such claims. I should note that I'm not a lawyer; but I am a construction manager, and I wish you did have a claim because it would make life much easier for the likes of me. You may want to talk to a lawyer that specializes in this area, but I would not be overly optimistic. Good Luck!
: "The municipality would only have responsibility if the problem was universal and they failed to require the particular design."
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