Builder messed up, and blames me!

[Brian E. Kelly]

IMO(rarely humble) there may be a grey area, but no ticky no washy.

No contract, no payment, no report, no problem.

[Frank Magdefrau]

Originally Posted by wdecker

There was no report. The builder never paid me and no report was issued.

Besides, it was not a (as defined by the state and the NACHI COE) a "Home inspection". There was no pending RE contract in effect and the builder was asking for me to evaluate the reasons for the water intrusion.

This was a consultation, not a home inspection.

Hope this helps;

Let me get this straight - You did a mold test without a written signed contract? The person you did this for was your friend as stated in your blog??

Will you should never mix business with personal agendas.

[James H. Bushart]

Originally Posted by dbowers

No $$$$$ - No Contract - Void - If Void, I will sell my services to ANYONE with the $$$$$.

Me, too.

But what I would NOT do is to write a report for the inspection I did for Client A and provide it to anyone else without Client A's permission.

If the President of the Condo Assoc wanted me to do an inspection for him and paid me for a report, he would get his inspection and report, as well. He would not get a report of an inspection I did for Client A.

[Frank Magdefrau]

Originally Posted by gbell

Looks like someone let captian nachi loose again.

Are you really that far behind?

[Frank Magdefrau]

Originally Posted by mnahrgang

Well if you can give your opinion, then I can give mine.

If Will were in "trouble" with InterNACHI as you state, then InterNACHI isn't an organization worth being a member of.

For a newly converted liberal, you sure do hold a "holier than thou" attitude.

Although this is very funny but James never said Will was in trouble with INACHI but if a ethics complaint was filed he could be.

James just does not understand there was no contract or payment so Will just has to say I don't know what you are talking about. But of course this thread could be Wills worst nightmare if anything was ever to come of this.

[William J. Decker]

Originally Posted by belliott

So we can Inspect outside SOP more than two building systems as long as we call it a consultation.?

Why bother to even have a Home Inspection License?

Bob, one last time.

In Illinois, a home inspection is defined as:

1) Inspection of a residential property;

2) for a fee (i.e., you get paid)

3) As part of a Real Estate transaction (a valid contract of sale in effect at the time of the inspection).


Clear?

Anything else is NOT a legally defined home inspection, at least in Illinois.

[William J. Decker]

Originally Posted by jbushart

Grossly incorrect.

This is only your opinion, and not proven by any valid authority.

Sorry, Jim, but thems the facts.

[Mark Nahrgang]

Originally Posted by wdecker

This is only your opinion, and not proven by any valid authority.

Sorry, Jim, but thems the facts.

Jim has a hard time separating his opinion from facts. He seems to think that he has the final say on ethics in this world.

"unethical" as defined by Jim Bushart: "Those things that other inspectors may do that I don't."

[Bob Elliott]

Originally Posted by wdecker

Bob, one last time.

In Illinois, a home inspection is defined as:

1) Inspection of a residential property;

2) for a fee (i.e., you get paid)

3) As part of a Real Estate transaction (a valid contract of sale in effect at the time of the inspection).


Clear?

Anything else is NOT a legally defined home inspection, at least in Illinois.

Ok
Thanks Will

So basically you have the right to give the report to anyone.

Also even if not ,you could redo the Inspection based on what you know as a good insentive for the Association to hire you.

Gottya.

[William J. Decker]

Originally Posted by jbushart

NACHI's COE is not superseded by anyone's state law. Sorry, Will.

Just your opinion, and not validated by any AHJ.

Don't forget, you are no longer part of the "ethics committee" or entitled to have an enforcable opinion.

In my opinion, your story is just you blowing off steam over not being paid.

Yeah, I was blowing off steam. But, that does not invalidate my arguement.

If you, indeed, follow through and provide the information that you initially gathered for your client to someone else without your client's consent, and he follows a complaint with NACHI, you could be in trouble.

As previously stated (PLEASE, READ what I have previously posted), I have not and will not "disclose" the information from my inspection to any new clients. I have, however, contacted the Association Pres. and will do an ENTRELY DIFFERENT inspection for them, INDEPENDENTLY of an previous inspection with FULL DISCLOSURE of this inspection (i.e., I will disclose that the builder didn't pay me, totally disreguarded my opinion and didn't pay me for my work).

Look up the definition of contract.

[James H. Bushart]

Originally Posted by wdecker

As previously stated (PLEASE, READ what I have previously posted), I have not and will not "disclose" the information from my inspection to any new clients. I have, however, contacted the Association Pres. and will do an ENTRELY DIFFERENT inspection for them, INDEPENDENTLY of an previous inspection with FULL DISCLOSURE of this inspection (i.e., I will disclose that the builder didn't pay me, totally disreguarded my opinion and didn't pay me for my work).

Look up the definition of contract.

Good idea.

[William J. Decker]

Originally Posted by fmagdefrau

Let me get this straight - You did a mold test without a written signed contract? The person you did this for was your friend as stated in your blog??

Will you should never mix business with personal agendas.

The mold inspection was a different inspection. The one where the builder didn't pay was a completly different inspection.

Read the entire thread.

[William J. Decker]

Originally Posted by jbushart

Me, too.

But what I would NOT do is to write a report for the inspection I did for Client A and provide it to anyone else without Client A's permission.

If the President of the Condo Assoc wanted me to do an inspection for him and paid me for a report, he would get his inspection and report, as well. He would not get a report of an inspection I did for Client A.

Jim, as usual, you did not read the entire thread.

No payment from the builder (of the Condo) and no report, therefore no (verbal) contract. He kicked me off the site.

And, if and when the Condo association hires me, I will get paid and issue a totally independent report.

Clear!?

I never disclosed to the condo association the results or findings of my "inspection" (never paid, so was it an inspection) for the builder. And I never will.

But, I do know the problerms and will, independently, report on them if and when the association hires me.

[James H. Bushart]

Originally Posted by wdecker

I never disclosed to the condo association the results or findings of my "inspection" (never paid, so was it an inspection) for the builder. And I never will.

I never said you did.

[William J. Decker]

Originally Posted by belliott

Ok
Thanks Will

So basically you have the right to give the report to anyone.

Also even if not ,you could redo the Inspection based on what you know as a good insentive for the Association to hire you.

Gottya.

One clarification. I DID NOT disclose to the Condo Pres anything from my inspection (never paid for, therefore no duty of service) for the builder.