Gene Markin, attorney in Stark & Stark’s Construction Litigation Group, authored the article, Construction Officials & Municipalities: Immune from Liability for Construction Defects?, published on March 27, 2013 in US1 Newspaper.
The article discusses how municipalities are not liable in tort for negligently granting certificates of occupancy. Municipal power to issue a certificate of occupancy is created by N.J.S.A. 40:48-1(13).
Mr. Markin explains that, "the law in New Jersey is such that a public entity is not liable for an injury, such as property damage, caused by the issuance, denial, suspension or revocation of, or by the failure or refusal to issue, deny, suspend or revoke, any permit, license, certificate, approval, order, or similar authorization where the public entity or public employee is authorized by law to determine whether or not such authorization should be issued, denied, suspended or revoked. For property owners, this means that recovery for damages caused by negligent construction has to come from those responsible for the actual construction, not from the public entity or officials that approved or inspected the construction."
To read the full article, click here.