Expediter Can't Be Responsible for Demolition Violation

LVT Number: #20563

DOB issued a violation notice to company named as "agent for the general contractor" for failing to weatherproof an adjoining building during construction at landlord's building. The company argued that it was merely an expediter for filing the demolition permit application. The ALJ ruled against the expediter and fined it $500. Expediter appealed and won. Since there was no proof that the expediter was related to either the landlord or the contractor, it lacked any control over the building or the construction project, and wasn't responsible for any violations.

DOB issued a violation notice to company named as "agent for the general contractor" for failing to weatherproof an adjoining building during construction at landlord's building. The company argued that it was merely an expediter for filing the demolition permit application. The ALJ ruled against the expediter and fined it $500. Expediter appealed and won. Since there was no proof that the expediter was related to either the landlord or the contractor, it lacked any control over the building or the construction project, and wasn't responsible for any violations.

Jedi Knight Inc.: ECB App. No. 46503 (5/1/08) [2-pg. doc.]

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