Who is liable?

[Russell J. Hensel]

Did an inspection last Friday, my report found two roof leaks (rotted wood) present. This house was inspected in Feb 2011 and these leaks were not noted in the report, but must have been there because of the rotted wood.

The Home Inspector subcontracted the roof inspection, the subcontractor got paid directly from the inspection company. The client ONLY paid the home inspection company and cut no other checks.

My opinion is the contract was with the home inspection company and it is there responsibility to get the money from the roof inspector.

Agree or disagree?

[Brian A. MacNeish]

Originally Posted by rhensel

Did an inspection last Friday, my report found two roof leaks (rotted wood) present. This house was inspected in Feb 2011 and these leaks were not noted in the report, but must have been there because of the rotted wood.

The Home Inspector subcontracted the roof inspection, the subcontractor got paid directly from the inspection company. The client ONLY paid the home inspection company and cut no other checks.

My opinion is the contract was with the home inspection company and it is there responsibility to get the money from the roof inspector.

Agree or disagree?

I would agree with that!

[Christopher Currins]

I agree, The Home Inspector is liable.

[Jeffrey R. Jonas]

Ditto!

So would this make him a Sub-Conspector! Does he have a Logo for that? Perhaps someone should wrire a Blog about that!

[Eric W. Augustin]

Also agree...

[Chuck Evans]

The client hired the inspector and has a contract with the inspector for the services provided. If the inspector subbed out the roof inspection, it's unlikely that the client has any contract/agreement with the subcontractor. The inspector/GC should be responsible for the performance or lack thereof of the subcontractors who work for him.

[Dennis g. Fackler]

We Often sub contract roof inspections but if a issue arises we very the sub contrctors findings and documant with pictures . Wehn the inspector paid for the inspection he became the client and should have been fully informed. sounde like to me he is definatly liable , but the big question si for how much Just a repair , or full roof replacement , are the mold issues , ect, ect, ect.
Dennis F. Florida

[Aubrey J. Kahn]

The inspector is liable because of the contract between him and the home owner. That he sub contracted the work is neither here nor there. The home inspector however does have a claim with the roofer that he subcontracted the work to (provided there is a contract for the job that was done.

[Lawrence W. Losciale]

Yup, the inspector would be liable. The Home inspector has a claim against the roofer but I'd bet there's on contract and it was just "I'll call my roofer buddy" situation. Wonder if they'll remain buddys.

[Ben L. Garrison]

Isn't this a good reason why an inspector should NOT be making referrals like this?

[Russell J. Hensel]

Originally Posted by bgarrison

Isn't this a good reason why an inspector should NOT be making referrals like this?

I agree, the same company who inspected it, repaired it. The said there was defect with the flashing. I saw no defect in the picture.

I never sub anything out. If I don't do it, they can hire their own person. I don't want to be tied to incompetence in any way, shape or form.

[Lawrence W. Losciale]

I'll go as far as giving them a list of companies I know to be reputable but I never recomend just one. As far as this particular case, I was a roofer in a past life ( have my license on inactive statice) so I do all my own roof inspections.

[Jay C. Murray]

It would seem the liability would follow the report...How many of us (HI) subcontract a WDO ? The pest company gives the Buyer the WDO inspection and we pay the pest inspector...Is the HI now liable for overlooked termites?

[Joseph Hagarty, CMI]

I have had this occur..
I find damage
on an inspection
On a property,
that as a Prelist Inspection had not discovered.

If not within report,,,,
and not reflected in Home Owner Disclosure.. the condition is NEW
and requires repair....
at this time....

is there a question?

[Jay C. Murray]

"not reflected in Home Owner Disclosure.. the condition is NEW"

Good point. Start going threw the process we must realize, this is what the right to inspect is all about.