Contractors suggesting litigation

[David C. Macy]

I have a personal friend that I met at a BNI chapter about 5 years ago.
He is a chiropractor and I inspected his home in 2004.

Nice house and few problems. He had a sump pump buried in his back yard that I recommended evaluation as wiring was exposed & I couldn't test the pump.

My wife recently went to his office for a routine procedure when he stated that he called a plumber to do some work on his pump.

The first things out of the plumbers mouth is to sue the inspector.

The plumber has no idea when the report was done, what was stated on the report and I am angered as this is very common with contractors.

My friend the Chiropractor pulled my report showed the plumber and asked why should he sue the inspector?

It is very common for contractors like roofers, electricians, basement waterproofing companies to sound of on the inspector.

I just emailed my chiropractor to get the plumbers name & company because I will personally call him and arrange a time where I can meet him and well lets say take out my litigation frustrations.

I ask you other inspectors. Any suggestions to lessen the litigation from contractors?

[Brian R. Paull]

I tell my clients that just as no two home inspectors do identical inspections with identical reports, any two, for example plumbers would not always have the same opinion on a problem. I realize that I may be opening myself up to problems, but I offer names of plumbers, electricians etc. that I KNOW are good, competent contractors. EVERY client I have helped with referals has thanked me for helping them out. Some of these people are moving in from out of town and would have no idea who to call for service.

[David P. Valley]

David,

Next time you see an issue, instead of reporting as "evaluate', I always write "Evaluate and estimate repairs".

[klott]

I ask you other inspectors. Any suggestions to lessen the litigation from contractors? take the plumber down to the river and see if his float works.

[William J. Decker]

Originally Posted by dmacy

The first things out of the plumbers mouth is to sue the inspector.

I would think the first thing out of his mouth would be "Where's the sump?".

Or even a word telling the client that the thing is broke.

I have been running into this, more and more. Contractors who just want to slam inspectors. Usually they are those who do a less than professional job.

Case in point. The Illinois Plumbing Code states that dishwashers can OLNLY be connected to drain pipes, NOT to disposers. But about half of the new construction has them connected to disposers and without high loops.

It also states that if a top plate or stud is penetrated by a pipe (like a big DWV pipe, that the stud or top plate must be structurally reinforced (not just a nail protect plate. But I see it all the time where top plates are pretty much hacked through.

Could it be that some inspectors knowing how to do the job of inspection better than some code inspectors or know how to do it right better than some plumbers is the reason?

Guess we will never know.

[David C. Macy]

I spoke with my client, friend and he told me that 5 city inspectors told him false information that would of cost him thousands of dollars to needlessly fix. He was smart enough to hire a friend to evaluate and give him the correct information.

They wanted him to sue the builder, realtor and Me.


I left a call with the building department and I look forward to speaking with the superindent if he has the _alls to call me back.

[William J. Decker]

Originally Posted by dmacy

I left a call with the building department and I look forward to speaking with the superindent if he has the _alls to call me back.

$10.00 says he doesn't.

[David A. Andersen]

The first things out of the plumbers mouth is to sue the inspector.

The first thing to do is sue the plumber for not substantiating the defect and practicing law without a licence!

[David C. Macy]

Originally Posted by wdecker

$10.00 says he doesn't.

He called me about 1 hour after I left a message and he said he would speak to his people about the false accusations.

This is were I would bet $10 that he doesn't say anything to his people.

[William J. Decker]

Originally Posted by dmacy

He called me about 1 hour after I left a message and he said he would speak to his people about the false accusations.

This is were I would bet $10 that he doesn't say anything to his people.

Double or nothing?

[Doug Edwards]

Sounds like a case (or two) of someone saying "lets you and him fight" so they can stay out of the line of fire. If they can point the unsuspecting customer towards other involved parties hopefully they will leave the "real guilty" parties alone.

[Joseph Hagarty, CMI]

Originally Posted by dmacy

....The first things out of the plumbers mouth is to sue the inspector.

The plumber has no idea when the report was done, what was stated on the report and I am angered as this is very common with contractors....

....It is very common for contractors like roofers, electricians, basement waterproofing companies to sound of on the inspector.

I just emailed my chiropractor to get the plumbers name & company because I will personally call him and arrange a time where I can meet him and well lets say take out my litigation frustrations.

I ask you other inspectors. Any suggestions to lessen the litigation from contractors?

I have received these type of calls over the years.

Have the Client ask the Contractor to put his comments...In writing, On Letterhead and Forward along to You....

[Brian E. Kelly]

Originally Posted by jhagarty

I have received these type of calls over the years.

Have the Client ask the Contractor to put his comments...In writing, On Letterhead and Forward along to You....

I myself have made this request on more than one occasion Joe, and have yet to receive a written response. Go figure.

[William J. Decker]

Originally Posted by jhagarty

I have received these type of calls over the years.

Have the Client ask the Contractor to put his comments...In writing, On Letterhead and Forward along to You....

Great Point!

We, by law in this state, are required to put our reports in writing.

Hold him to the same standard.

Plus, it is evidence in a court of law

Can you say, "defamation of character".

[Joseph Hagarty, CMI]

Originally Posted by bkelly2

I myself have made this request on more than one occasion Joe, and have yet to receive a written response. Go figure.

Same Here...