Legal Factors of
Construction Inspection
Gain an understanding of the Construction and Inspection industries while you kickstart your knowledge of the major elements of construction and inspection laws, codes, and the code enforcement/inspection processes. Gain an understanding of the legal aspects of the code and the inspector's legal responsibilities, performance at hearings, and court procedures.
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Session 1
Introduction and History
- Litigation trends impacting building officials
- Early building codes and disasters showing need for regulations
- Development of modern building codes

Session 2
Local Government Laws
- Key differences between counties, municipalities, and home rule
- Dillon's Rule and municipal authority
- Process of adopting building codes

Session 3
State Laws and Preemption
- State enabling legislation
- Impacts of statewide building codes
- Preemption limiting local authority
- Sovereign immunity

Session 4
Federal Laws
- Role of federal laws in building codes
- Consumer Product Safety Act and Commission
- Immunity of federal buildings

Session 5
Administration and Enforcement
- Permit issuance and revocation
- Inspections, warrants, and plans examination
- Documenting code violations
- Civil prosecutions

Session 6
Administrative Appeals
- Creation of appeals boards
- Application process
- Powers and procedures

Session 7
Constitutional Limits
- Fourth Amendment restrictions
- Substantive due process
- Equal protection clause

Session 8
Property Laws
- Key concepts like zoning, covenants and easements
- Ownership rights and transfers
- Subdivision regulations

Session 9
Intentional Torts
- Governmental vs. individual liability
- Malicious prosecution
- False imprisonment
- Trespass

Session 10
Negligent Torts
- Elements of negligence
- Public duty doctrine
- State tort liability acts
- Immunities and insurance

Session 11
Civil Rights Actions
- Section 1983 claims
- Fair Housing Act
- Americans with Disabilities Act
- Attorney fee awards

Session 12
Witness Testimony
- Guidelines for fact and expert witnesses
- Handling direct and cross-examinations
- Using documentation

Session 13
Liability Case Studies
- Analysis of lawsuits against building officials
- Assessing merits and outcomes

Session 14
Risk Management
- Identifying areas of liability exposure
- Implementing mitigation strategies

Session 15
Legal Research
- Navigating laws and case law
- Assessing impacts of legal developments

Session 16
Course Review and Testing
- Comprehensive review
- Final exam