Lawsuit vs Texas Inspectors

[John McKenna]

We all say the InterNACHI requirements help inspectors.

If those same requirements became law, would we
now say they are bad for inspectors?

If my son does 200 ride along's and several hundred
hours of education and training, would this make him
a better inspector compared to nothing? YES.

Trust me, the Texas license requirements have helped.

[Brian A. MacNeish]

Originally Posted by jmckenna1

Moisture stains must be reported according to the SoP.
If you see moisture stains or organic growth on the air
handler, ducts or body of the unit, then it should be
reported.

Moisture can lead to numerous issues, including mold.

The SoP does not mandate the use of a moisture meter or
IR camera. But it helps... IMHO.

Does education, training and testing help someone do a
better inspection.? YES.

Licensing that requires education, training and testing helps.

If you ask anyone with common sense to hire someone
who has less education, training and testing, they would
say you are nuts.

Weak requirements produce weak results. Not all licensing
laws are equal.

John.......Something I can agree with you on!

[Jim Hime]

Originally Posted by jrobins1

I'm a new member and not yet trec certified, so excuse me if I mis-speak, but it sounds to me like the inspector simply may not have done his job. Though he isn't required to inspect the interiors of ducts, he is required to open and inspect all visible and accessible panels and components... and the evaporative unit usually has several. The inspecton was performed in an area that that has a very humid climate anyhow, so he should've been extra cautious. I was taught to always CYA (cover your ...)

TREC does not certify inspectors. TREC issues a license.

However, for being new you appear to be well informed and are not mis-speaking on what you should be doing. You are especially correct on the CYA.
You appear to learn fast. Keep it up.

[John McKenna]

Originally Posted by Brian A. MacNeish

John.......Something I can agree with you on!

It feels really weird... let's hope this does not happen often... LOL...

[John Safstrom]

Originally Posted by jrobins1

I am interested in how this turns out.
I'm a new member and not yet trec certified, so excuse me if I mis-speak,
but it sounds to me like the inspector simply may not have done his job.
Though he isn't required to inspect the interiors of ducts, he is required to open and inspect all visible and accessible panels and components... and the evaporative unit usually has several. The inspecton was performed in an area that that has a very humid climate anyhow, so he should've been extra cautious. I was taught to always CYA (cover your ...)
TREC rules demand their inspectors pay fees to a trust fund to support recovery fees in lawsuits up to 30k right?
Anyway, very interesting. Thanks.

I am new also. I'm a former cop, so the idea of getting sued for no reason is nothing new to me. Just make sure you do what you need to do according to the SOP and a little beyond. Good luck on the TREC test, it's a tough one. Let me know if you need some tips - I passed it in June.

[Richard W. Washington]

Originally Posted by jbushart

Homeowners' suit claims inspector failed to detect mold

5/14/2009 4:00 PM
By Kelly Holleran

Two Jefferson County individuals say the home inspection company they hired before they bought their home failed to identify mold growing within the house.

Cole and Latisha Landry filed a lawsuit May 12 in Jefferson County District Court against Louis Ashy, doing business as Pillar to Post.

The Landrys claim they asked Ashy to inspect a home located at 677 Ridgewood in Port Neches on Dec. 8.

"Defendant was to inspect the property and indicate the items in need of repair or not functioning and report on those applicable items," the suit states.

Ashy failed to detect mold growing on the home's HVAC unit, the complaint says.

Only in mid-January, after the Landry's move-in date of Jan. 9, did they find the visible mold growth throughout the HVAC cabinet. Visual water marks could also be seen on numerous locations in the cabinet, the Landrys say.

After finding the mold, the Landrys hired an environmental consulting and testing professional and learned that concentrations of various molds were identified in air samples, according to court documents.

"The inside samples held concentrations of Penicillium/Aspergillus were greater in the HVAC closet and the children's bedroom," the suit states.

Ashy was guilty of negligently failing to adequately inspect the property and of failing to state in his report there were visible signs of water marks and suspected mold growth in the HVAC closet, the complaint says.

The Landrys are seeking unspecified treble and discretionary damages of less than $50,000, plus attorney's fees, costs and other relief to which they may be entitled.

Brandon P. Monk of The Monk Law Firm in Port Arthur will be representing them.

The case has been assigned to Judge Donald Floyd, 172nd District Court.

Jefferson County District Court case number: E184-045.


(I wonder if the Ashy's belong to ASHI....)

Anyone have any updates on the suit?

[John Onofrey]

Originally Posted by jrobins1

I am interested in how this turns out.
I'm a new member and not yet trec certified, so excuse me if I mis-speak,
but it sounds to me like the inspector simply may not have done his job.
Though he isn't required to inspect the interiors of ducts, he is required to open and inspect all visible and accessible panels and components... and the evaporative unit usually has several. The inspecton was performed in an area that that has a very humid climate anyhow, so he should've been extra cautious. I was taught to always CYA (cover your ...)
TREC rules demand their inspectors pay fees to a trust fund to support recovery fees in lawsuits up to 30k right?
Anyway, very interesting. Thanks.

In the Houston area evaporators hardly ever have an access panel of any kind. Rarely do we get to see the actual evaporator coil. Typically, moisture and visible organic growth associated with the HVAC system in the attic space would be seen as a result of condensate on or around the return air plenum or primary condensate drain line, it's usually seasonal and easily remedied. I'm no mold expert but without knowing the details this suit seems bogus and is probably the work of opportunists. BTW - the TREC recovery fund doesn't hand money out like candy. A plaintiff first needs a judgment, then it has to be shown that the defendant inspector doesn't have the ability to pay. As I understand it, rarely does this fund pay out.