Free MHIC Training

What is your liability when unpermitted work fails?

Short answer. You face both the injury claim and MHIC discipline. Your $50,000 liability insurance responds to the claim, but because the work was never permitted or inspected, you also answer to the MHIC, and the homeowner's request is no defense.

  • COMAR 09.08.01.08

Work it through

You're the contractor. Pick what you'd do, then see how each choice plays out.

Dave Kowalski

Homeowner who wants a deck and basement finished fast

Six months after you built Dave's unpermitted deck, he's hosting a party. The railing gives way and a guest falls four feet, breaking her arm.

Dave's first call is to a lawyer. His second call is to the MHIC.

  1. Damage control

    You'll need your $50,000 liability insurance (which is a minimum MHIC requirement). But the lack of permits means the work was never inspected, which means you'll face both the personal injury claim AND MHIC disciplinary action for performing unpermitted work. The railing likely didn't meet IRC guardrail requirements (36" minimum height for residential decks, 200 lb lateral load capacity). This is exactly why permits and inspections exist.

  2. Worst possible response

    It doesn't matter what the client asked for. YOU are the licensed contractor. YOU have the legal duty to pull permits under COMAR 09.08.01.08. A client cannot waive building code compliance. You're now facing: a personal injury lawsuit, an MHIC complaint, potential criminal charges for unpermitted construction, and near-certain license revocation.

All 26 permits, inspections & building codes questions

  1. Who is responsible for permits on a Maryland home improvement job?
  2. Can you skip permits if the homeowner asks you to?
  3. How do you build permit costs into a contract?
  4. Which home projects need a permit in Maryland?
  5. Do cosmetic bathroom refreshes in rentals need permits?
  6. What happens when an inspector finds work without a permit?
  7. What is your liability when unpermitted work fails?
  8. How should you handle a problem the inspector finds?
  9. Why do building inspections happen in stages?
  10. How do you get a building permit approved faster?
  11. Where is fire blocking required under IRC R302.11?
  12. When does a basement bedroom need an egress window?
  13. Where are smoke alarms required after a renovation?
  14. Can a homeowner refuse GFCI outlets in the kitchen?
  15. When does a deck stairway need a handrail?
  16. Does a bathroom need an exhaust fan under the IRC?
  17. How must a deck ledger be attached to the house?
  18. How is energy code compliance checked on an addition?
  19. Does the ADA apply to a single-family bathroom remodel?
  20. When does a retaining wall need an engineered design?
  21. What is required before removing a load-bearing wall?
  22. Can you build a deck over a utility easement?
  23. When does a patio trigger stormwater management in Maryland?
  24. Does a building permit override HOA approval?
  25. How do you take over a job another contractor abandoned?
  26. How do you assess a homeowner's failed DIY renovation?