Who is typically held liable if a building official makes an error while performing their duties?

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In the context of a building official making an error in the performance of their duties, the municipal corporation is typically held liable because building officials operate as agents of the municipality. This principle is rooted in the idea of vicarious liability, which holds that an employer can be responsible for the actions of its employees if those actions occur within the scope of their employment.

Since building officials are employed by the municipal corporation and are responsible for enforcing codes and regulations, any mistakes made in good faith during the execution of their duties usually fall under the liability of the municipal entity. This serves to protect individual employees and allows municipalities to maintain a level of accountability for the services they provide to the public, while also ensuring that there is a structured process for addressing grievances related to building code enforcement.

The other roles listed, such as the building official or permit technician, do not carry liability for error in the same way as the municipal corporation. Liability often rests on the collective responsibility of the governing body rather than on individual employees acting within their official capacity. Thus, it is crucial to recognize that the municipal corporation bears the responsibility for the actions of its officials to uphold accountability in public service.

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