In the case of
a grant application for total or partial replacement of a roof which has
existed for fewer than twenty years, eligibility shall be conditioned upon the
factors enumerated in Section
For the purposes of determining whether a town is prohibited from recovery of
damages or has no other recourse at law or in equity, the following shall
constitute satisfactory evidence of this requirement:
(1) When suit or arbitration has been brought
by a district for recovery of damages due to a faulty roof, and final judgment
has been rendered against said district, whether or not on the merits;
(2) Where the district or board
attorney certifies to the Department that all applicable statutes of
limitations have expired, and, in the best judgment of said counsel, it would
be fruitless to institute litigation and/or arbitration.
(b) If suit has been brought against the
architect, engineer, contractor or any other party on account of improper
design and/or construction, a final judgment of a court of competent
jurisdiction on said issue shall be binding on the department as to improper
design or construction.
Conn. Agencies Regs.
Effective August 25, 1989;
Amended October 26, 2012