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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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Old 11/24/09, 6:57 PM
jvella jvella is offline
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Default Lawsuit???

Can anyone share a story or advice dealing with a cracked heat exchanger? At the time of inspection, no cracks were visable. Now, some 5 months later, a client is saying I missed it during the inspection. Should I prepare for a lawsuit?
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Old 11/24/09, 7:14 PM
wsiegel wsiegel is offline
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Default Re: Lawsuit???

Why are you posting this in two different spots?????
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Old 11/24/09, 8:25 PM
Claude Lawrenson's Avatar
Claude Lawrenson Claude Lawrenson is offline
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Default Re: Lawsuit???

Joshua with all due respect - it depends on how and what you reported. As an example did you possibly indicate an approximate % that was visible, and if and how you observed its condition. You indicate no cracks were visible, which in itself may be factual or possibly not indicative of having full view of all of the heat exchanger. Were other tests or tools used to substantiate that statement, or is it based solely on observation?

There are other points that may potentially influence the strength or weakness of your report, such notation of specific limitations, etc.

Just a start to get this topic going.



Cheers, Claude Lawrenson NACHI03121515
Inspection Support Services Inc.
"Those who can do. Those who CARE, teach" or
“Teaching is the highest form of understanding.” Aristotle
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Old 11/24/09, 8:35 PM
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David A. Andersen David A. Andersen is offline
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Default Re: Lawsuit???

If you said it was OK , than yes you should.

Heat exchanger evaluation is not part of home inspection for several reasons.
Read the SOP and let me know what you think.
I'll fill in the blanks.



"Insanity: doing the same thing over and over again and expecting a different results." Albert Einstein

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