Disclaimers

[David C. Macy]

I would like to add some additional disclaimers to my report.

I have gathered a few from various posts on the board.

Example would be drain tiles, weather related conditions, basement wall coverings, Insulation in rafters, Access panels for tubs and attics being blocked.

The reason for me doing this is that even with a good inspection contract, A Standards of practice included with report and having E & O. There is always the possability of a claim.

If a area that is limited or not visible I want as many disclaimers in my report as possable.

I should also post in the legal forum.

I no most inspectors no this but I didnt.

When a claim is filled against you. You have to pay the deductable in either case if your sued or not.

I am being sued for broken drain tile that led to a basement water problem.

It is clearly stated in my contract and report that this isnt visible.

I need to make sure that every area that isnt visible is clearly defined as a disclaimer.


I would attach some disclaimers that RR and D. valley have posted but I still cant figure this new board cut & pissed(I mean paste)




Thank you for your time.

Dave

[David P. Valley]

David,

This is a good start...
Attachment 784

[Brian E. Kelly]

Or or could purchase Dr. Swifts' software, disclaimers included.

http://www.pvsoftware.com/index.shtml

[David C. Macy]

Thank you Dave & Brian.

I need to start reading Dr. Swifts information.


Dave

[Brian E. Kelly]

Dave you can go to many members web sites and view sample reports. Lot's of good info.

[Russel Ray]

You also need my Interactive Report System, which is only $10. It basically has all the disclaimers that I've posted over the years hear at NACHI. Here's a sample concerning tiles:

Caulking and grouting

Caulking and grouting is typically found in the kitchen, bathrooms, and laundry area at connections between the
toilet and floor; the bathtub, floor, and wall; the shower,
floor, and wall; and sink and countertop.

Deteriorated, damaged, or cracked caulking or grouting can allow moisture to penetrate into the structural framing, causing water damage or promoting mold growth (click here for helpful information concerning mold and mold remediation). It is impossible to tell how long deteriorated grouting or caulking has existed, and moisture might have penetrated structural framing and caused damage which is not visible and can only be detected by remodeling/renovation or destructive testing. Before deteriorated grouting or caulking is repaired, the substructure should be examined for evidence of structural damage or deterioration.

Recaulking and regrouting is very common homeowner maintenance. While recaulking and regrouting normally is not a cause for concern, and homeowner maintenance typically is to be applauded, in today’s world of mold disclosure and mold claims, client should understand that the time of, and reason for, the recaulking or regrouting cannot be determined and that moisture penetration into the structural framing might have occurred, possibly causing structural damage or promoting mold growth (click here for helpful information concerning mold and mold remediation). Remodeling or removing shower and/or bathtub sections, flooring, wallpaper, wall mirrors, etc., could reveal moisture damage or structural damage that was concealed at the time of the inspection; concealed defects are not within the scope of the home inspection. Also note that some household chemicals can damage or deteriorate some caulkings and grouts. So make sure you read the instructions on the chemical containers before using them.

Damaged or loose tiles

Damaged and loose tiles create the same type of problems as deteriorated caulking and grouting. Any moisture penetrating behind the tiles can cause moisture damage and mold growth within the wall cavity. A definitive assessment might require destructive or invasive testing, which is not within the scope of the home inspection. Large cracks in tiles, lots of cracked tiles, or lots of loose tiles could be signs of more serious structural and moisture problems in the area.

[jmichalski]

I have seen Russel's former "Introduction" (silly me - I used to think it was an intro page!) and it is the mother of all disclaimers. Since he runs everything through his lawyers and insurance, there is a better than reasonable chance that many of his ideas/discliamers may be very useful to you as well.

[David C. Macy]

RRay

Is the cost $10 per report?

Is your report seperated with the remarks after each section or at the end?

I started reading Dr. Swifts articles.

I thought I had a good detailed reporting system until recently.

I need to add many disclaimers and remarks to my report.

Thanks RRay

Dave

[Russel Ray]

Originally Posted by dmacy

Is the cost $10 per report?

I wanted an educational report for my Clients which nothing I had found out there was providing for me, although InspectVue comes closest. I created a sample copy of the report for NACHI members. It is available only to NACHI members, and I charge $10 simply to cover the cost of postage, CDs, envelopes, labels, and my employees' margaritas since they are the ones who have to create the copies for NACHI members.

Originally Posted by dmacy

Is your report seperated with the remarks after each section or at the end?

It is an interactive report, which I call Interactive Report System (IRS). It is broken into five sections: 0 - Start, 1 - Introduction, 2 - Disclosures and Reference Materials, 3 - Descriptions and Information, and 4 - Areas of Concern. So there are comments everywhere, links to each section, links to tons of reference materials that I have wrote or otherwise created, and links to various places on the Internet, literally Interactive.

Here's a small section from 2 - Disclosures and Reference Materials:

Appliance package—Click here for helpful information about our free appliance package (page 16 in Section 1 – Introduction).

Appliances—Click here for helpful information about our protocols for inspecting and testing appliances.

Asbestos—Many materials normally used in past construction contained hazardous materials such as asbestos. Click here for helpful information about asbestos.

Attic—Click here for helpful information about how the attic helps stabilize interior temperatures and protects the roof covering from advanced deterioration.

Bathrooms—Click here for helpful information about bathtub overflows; shower pans; functional water flow; functional drainage; low-flow toilets, faucets, and shower heads; and tempered safety glass.

Bathtub overflows—Click here for helpful information about bathtub overflows.

Blame the home inspector—Home inspectors get blamed for a lot of stuff, especially when the residence is occupied and fully furnished, or when the residence is vacant and unfurnished; in other words, all the time. Click here to read “Blame the home inspector.”

Building codes—Click here for helpful information concerning building codes.

The report makes great use of PowerPoint displays (and you don't need PowerPoint in order to enjoy the IRS--that sounds strange doesn't it, "enjoy the IRS"?), PDF files, and links.

[David C. Macy]

RRay

I would like to order a sample report. Should I mail you a check for the $10?

Thanks

Dave

[Russel Ray]

Here ya go, Dave.

http://www.nachi.org/forum/showthread.php?t=647

Check latest post of mine from today.

For non-NACHI members, note that the link is in the Members Only Area, a benefit of NACHI membership.