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Legislation, Licensing & Legal Issues for Inspectors Use this forum to discuss current and proposed legislation on home inspector licensing, and other legal issues affecting home inspectors. Inspectors from all associations welcome.

 
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  #1  
Old 6/16/09, 11:48 AM
Mark Edinger Mark Edinger is offline
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Default Covering yourself

I am a new inspector, well still in school, but I was wondering why an inspector wouldn't just put in his report that a qualified or licensed...contractor, electrician, roofer, etc. is recommended, (just to cover your butt) and explain to the buyer verbally that the roof, plumbing or whatever, looks good and that recommendation is always in the report. You would think if there was ever a lawsuit that you could pull out the report and say hey I told him to get a roofer! (or plumber, or electrician etc)
Just a thought.
Hope I don't sound like I don't know what I'm doing
Mark
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  #2  
Old 6/16/09, 5:20 PM
Larry D. Kage Larry D. Kage is offline
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Default Re: Covering yourself

Quote:
Originally Posted by Mark Edinger View Post
I am a new inspector, well still in school, but I was wondering why an inspector wouldn't just put in his report that a qualified or licensed...contractor, electrician, roofer, etc. is recommended, (just to cover your butt) and explain to the buyer verbally that the roof, plumbing or whatever, looks good and that recommendation is always in the report. You would think if there was ever a lawsuit that you could pull out the report and say hey I told him to get a roofer! (or plumber, or electrician etc)
Just a thought.
Hope I don't sound like I don't know what I'm doing
Mark
If you are going to pass everything off to someone else, why hire you?

Learn the profession, do it well and be responsible for your actions.



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  #3  
Old 6/16/09, 5:29 PM
wsiegel wsiegel is offline
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Default Re: Covering yourself

Well said Larry
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  #4  
Old 6/16/09, 5:41 PM
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mnahrgang mnahrgang is offline
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Default Re: Covering yourself

Exactly



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  #5  
Old 6/16/09, 5:51 PM
medinger medinger is offline
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Default Re: Covering yourself

Just wondering. I have a lot to learn about the biz. I wasn't planning on doing it, just thought of it when I heard someone say to always call for a level 2 chimney inspection, which should always be done when selling a house. Like I said in my post, I hope it doesn't sound like I don't know what I am doing. I know I don't know what I am doing... yet, but I do want to learn! That's why I came to InterNACHI.
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  #6  
Old 6/16/09, 5:57 PM
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Bruce A. King Bruce A. King is offline
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Default Re: Covering yourself

Many inspectors think they can stop reporting issues with a system when the total issues exceeds a certain number and just refer it to a contractor. This is not only ethically wrong but not allowed in NC or SC. The SOP's do not provide for taking these shortcuts at all. It is not uncommon to find 20 electrical issues in a house, you have to report each one and the location but its ok to recommend an electrician make all repairs that he deems necessary, just not to recommend he finish the inspection. Contractors can work off a list fairly well but perform poorly at inspection work.



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- Albert Szent-Gyvrgyi, Nobel Prize for Medicine 1937
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  #7  
Old 6/16/09, 8:02 PM
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Scott A. Hand Scott A. Hand is offline
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Default Re: Covering yourself

Are there really people out there that will find an ungrounded 3 prong outlet at the beginning of an inspection and call out for an electrician to evaluate the rest of the system without going any further?

Let me know if I am wrong in doing this:

I call out for further evaluation and repair by qualified, licensed electrical contractor when I find ungrounded outlets, reverse polarity, non functioning GFCI outlet or breaker, double taps, over or undersized breakers and wires, etc...

So I am reporting all the problems I find and call out for further evaluation. Is that wrong? Not the same as above! Definitely a big difference in finding one thing and deferring the entire system to be further inspected by electrician and finding all you can find and derferring to electrician for further evaluation and repair.

I think it is important to call for further evaluation because there could be other things effected by the problem you found that you can't see to evaluate.

Does any of this make sense? Just want to make sure I am not perceiving my job responsibilities the wrong way.




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  #8  
Old 6/16/09, 8:10 PM
Jae Williams Jae Williams is offline
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Default Re: Covering yourself

CYA is the name of the game

But the best way to CYA is to

EDUCATE....what would usually be a disclaimer should be education...and let the client determine from there.

I frequently recommend a professional, licensed person, whatever...but with proper education the client can determine what's best for his/her needs.

RR said so. Educate--Educate--Educate.

Best CYA there is.



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Liberty is a well-armed lamb. B. Franklin
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  #9  
Old 6/16/09, 8:24 PM
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Scott A. Hand Scott A. Hand is offline
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Default Re: Covering yourself

I agree Jae. Explaining to the customer what something means and why something should be done and why something happens is huge!

They really appreciate the knowledge you have given them.




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  #10  
Old 6/16/09, 9:25 PM
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Scott Gilligan, CMI Scott Gilligan,  CMI is offline
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Default Re: Covering yourself

I think everyone should remove the word evaluate from their vocabularies go as far as inspection reports go. I simply recommend repair or replacement for obvious defects. Why would someone else need to evaluate something that I found not to be working as intended. Just fix it!
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  #11  
Old 6/16/09, 11:45 PM
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Scott A. Hand Scott A. Hand is offline
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Default Re: Covering yourself

Good point Scott!

But wouldn't it make sense to have it fixed and in certain cases "further evaluated" to make sure that there isn't some other underlying problem?




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  #12  
Old 6/17/09, 12:20 AM
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Scott Gilligan, CMI Scott Gilligan,  CMI is offline
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Default Re: Covering yourself

Quote:
Originally Posted by shand View Post
Good point Scott!

But wouldn't it make sense to have it fixed and in certain cases "further evaluated" to make sure that there isn't some other underlying problem?
The phrase has it's place, but in my opinion it is is overused by a lot of inspectors once they get comfortable using it. I look at it like someone who constantly says "Ummmm" when they are speaking. People use it all the time and get in a pattern that they have a hard time breaking.
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  #13  
Old 6/17/09, 12:34 AM
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Scott A. Hand Scott A. Hand is offline
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Default Re: Covering yourself

Good point again!

Could you give me an example of what you would say in a case where you find a good portion of ungrounded outlets, a couple reverse polarity maybe one dead outlet and GFCI outlet in a bathroom that won't trip?

Just curious as I always strive to improve myself.

In the case of ungrounded outlets my report would state that there were multiple ungrounded 3 prong outlets. Recommend further evaluation and repair by qualified, licensed electrical contractor.
I would also, at the time of inspection, inform the client that there could be several different causes for an ungrounded reading. No ground wire attached to each particular outlet, one outlet upstream not grounded that could throw the rest off, etc...

Wouldn't that be a case for further evaluation since there could be multiple reasons for that particular defect?





Last edited by shand; 6/17/09 at 12:40 AM..
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  #14  
Old 6/17/09, 12:36 AM
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Scott A. Hand Scott A. Hand is offline
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Default Re: Covering yourself

I love this message board, by the way!




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  #15  
Old 6/17/09, 1:03 AM
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Scott Gilligan, CMI Scott Gilligan,  CMI is offline
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Default Re: Covering yourself

Quote:
Originally Posted by shand View Post
Good point again!

Could you give me an example of what you would say in a case where you find a good portion of ungrounded outlets, a couple reverse polarity maybe one dead outlet and GFCI outlet in a bathroom that won't trip?

Just curious as I always strive to improve myself.

In the case of ungrounded outlets my report would state that there were multiple ungrounded 3 prong outlets. Recommend further evaluation and repair by qualified, licensed electrical contractor.
I would also, at the time of inspection, inform the client that there could be several different causes for an ungrounded reading. No ground wire attached to each particular outlet, one outlet upstream not grounded that could throw the rest off, etc...

Wouldn't that be a case for further evaluation since there could be multiple reasons for that particular defect?
I typically write something along the lines:

"Multiple receptacles based on a representative sampling were noted as being ungrounded at the time of inspection at XYZ locations. It is recommended that these be repaired by a qualified electrical contractor and any similar occurrences be identified and repaired as well."

It is not my job to go around testing every single receptacle and document what is wrong with each one. That would be considered technically exhaustive according to the SOP's. We are only required to test a representative sampling.
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