I have property in Virginia in which I asked for, and received, a building permit to have a 30x50 metal workshop on a co

Question

I have a property in Virginia in which I asked for, and received, a building permits to have a 30x50 metal workshop on a concrete slab on my residential property for residential use. Long story short, no one ever asked for a shrink/swell test of the soil before building, and as I now know was a prerequisite to even obtaining a building permit. Engineers I have consulted have said that the remedy would cost in the tens of thousands. They are also baffled as to how I was able to get a permit without first doing a soil test. I am not stuck with a potentially unstable building. I feel that the county should reimburse me the cost of the building- $30,000 and take it down, or give me a waiver. What can I legally look to do and sue for?

Richard Sternberg · Answer

I've never heard of such a law suit. My guess is that the building inspector is immune, but it would require some research. I don't think the issuance of a building permit is a form of insurance for the safety of the building from claims by the applicant. The liability might lie with the contractor who designed the workshop without considering appropriate soil tests. But, there might be a creative approach to the issue. Whether such creativity is worthwhile on a $30,000 case is questionable.  
 
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Q: I have property in Virginia in which I asked for, and received, a building permit to have a 30x50 metal workshop on a co