Termites, termires,,HELP!!!!!!!

[John D. BYRNE]

Hello my fellowship members/inspectors;
In April of this year I was secured by a prospective buyer to perform a termite inspection as the home was in a designated termite zone as set by the municipality.
After a rigorous and detailed inspection based upon visual due dilligence there was no indication of infestation whatsoever. There were some recommendations for the buyer to seal off numerous caches from exterior penetrations made for various services lines.,,,

forward to July 10.....received a call from the purchaser ( a aquasi Mike Homles contractor) for me to come by the home as there were a few issues. Upon my arrival to the interior of the home I was actually flabbergasted. Portions of all interior walls and ceilings were exposed to the wood membranes and within them were thousands of active termite tubes. Within of course where these destructive termites doing what they do.
The purchaser had secured a termite eradication company who stated that the infestation was far too serious for simple fumigation and that all wood members would have to be replaced meaning the whole wood structure would have to come down to the level of the foundation. The purchaser told me he was suing me for a minimum figure of $200,00.00 for the replacement of the building.
I had inspected the structure to the Standards of Practice according to NACHI as well as other association standards and DID NOT find any signs of termites. If so I would have recommended an exhaustive inspection into wall cavities notwithstanding.
I do not have errors and omission coverage and having said that I am of the assumption such coverage would not be applicaable as I would not have been able to open walls or any such concealed cavities without permission of the owners of presale property.
Can anyone out there please advise me how to proceed?
Kind regards
John Byrne
Home-View Inspections Ltd.

[David P. Valley]

I don't understand how anyone can inspect homes (worth hundreds of thousands of dollars) without covering their arse with E&O.

Did you have them sign an agreement drafted by your attorney?


I wish you luck John.

[Mark Nahrgang]

Get a lawyer. Hopefully you used the NPMA-33 form which clearly states that inspection is non-invasive. Make sure your lawyer knows you have no E&O insurance, and that your lawyer also lets the clients lawyer know that. Once they discover that you don't have deep pockets, it may go away.

[Stephen W. Stanczyk]

Based on your original post, you were just hired for a termite inspection and not a home inspection. I think that makes a big difference. While home inspectors perform non-invasive, visual inspections, pest inspectors at times use destructive means for full pest inspections.

If there were such large areas of infestation, I would venture to say that there should have been signs somewhere. Was there a crawl space? slab on grade? Did you defer any areas that were inaccessible? Were you able to inspect the full area again before any demolition had taken place? Does your contract allow for re-inspection prior to any work being done?

Lots of questions to answer. Now is the time to start gathering more information. Why did the buyer contact a pest company? What signs were there that he should make this call? Why didn't he contact you first? When did he first find the "signs" of termite activity? Were the termites discovered as the result of any remodeling? If so, were there any signs prior to the start of the remodel? Have you obtained a second opinion?

A few cliches for you. Batten down the hatches. Get all your ducks in a row. Prepare for war.

Good luck.

[Douglas Cossar]

Oh oh

John are you a qualified pest inspector?

If not, you had no business doing the inspection in the first place, IMHO

To coin a phrase "Know your limit, stay within it"

Wish you luck
Cheers

[Kevin M. Leonard]

Does your state/district require licensing to perform WDI?
What type of form or report did you use?
Did you take pictures?
Are you a member of the BBB or any other organization that offers arbitration?

[Billy Boerner]

I'm stunned. So much so I don't think I'll offer to bring on sub termite contractors anymore unless someone can tell me I have no liability. My only involvement is having a seperate company come out when I do. My client and the termite company signs papers in regards to the termite inspection. Please some one BE VERY CLEAR am I or can I be held liable? Please respond.

[Billy Boerner]

Originally Posted by sstanczyk

Based on your original post, you were just hired for a termite inspection and not a home inspection. I think that makes a big difference. While home inspectors perform non-invasive, visual inspections, pest inspectors at times use destructive means for full pest inspections.

If there were such large areas of infestation, I would venture to say that there should have been signs somewhere. Was there a crawl space? slab on grade? Did you defer any areas that were inaccessible? Were you able to inspect the full area again before any demolition had taken place? Does your contract allow for re-inspection prior to any work being done?

Lots of questions to answer. Now is the time to start gathering more information. Why did the buyer contact a pest company? What signs were there that he should make this call? Why didn't he contact you first? When did he first find the "signs" of termite activity? Were the termites discovered as the result of any remodeling? If so, were there any signs prior to the start of the remodel? Have you obtained a second opinion?

A few cliches for you. Batten down the hatches. Get all your ducks in a row. Prepare for war.

Good luck.

I agree please listen to the "elders" as I put it here. These men have decades of inspecting experience and is going to be your best defense. If the time comes for me and I hope it never does that's the first thing I would do "enlist soldiers within this field". Steve, Pope, Duffy, and many others are the soldiers you need to listen to.

[Doug Edwards, CMI]

Of course you can be held liable! If you are the one bringing or hiring the pest control company then you played a major role in the entire evolution. I would think you would know this. There are far too many inspectors who in this rush to be the "be all to end all" inspector of the Century, have moved the public expectations to a point of they expect everything to be included for a ridiculously low price, with IR thrown in and that nothing bad will ever happen to this home while I own it. Too many inspectors have BSed their way into and through this business and have been doing many different kinds of inspections they are not trained or qualified to be doing. We have people come on here all the time asking someone how to do certain kinds of ancillary inspections because, well they happen to have one the next day and want to "bone up" on what to do. People who don't know sh*t from shoe polish about any building trades or inspections wanting to break into the business because they lost their job and "well, I bought a house one time so I know all about them."
This is precisely why some States require separate inspections like WDO, WDI be performed by someone who has been trained, apprenticed, supervised and licensed for years before they can go into the business on their own.
If someone wants to be one stop shopping, they owe it to their customers and to their own families and themselves to be properly trained and if necessary certified (really certified, not some paper mill certification) before they go and purchase the latest gizmo to add yet another service to their belt. To do otherwise is a huge disservice and one hellava risk for a few dollars. As you can probably tell this frosts my cookies and it affects ALL home inspectors and the public perceptions of them.

[Billy Boerner]

Originally Posted by dedwards

Of course you can! If you are the one bringing or hiring the pest control company then you played a major role in the entire evolution. I would think you would know this. There are far too many inspectors who in this rush to be the "be all to end all" inspector of the Century, have moved the public expectations to a point of they expect everything to be included for a ridiculously low price, with IR thrown in and that nothing bad will ever happen to this home while I own it. Too many inspectors have BSed their way into and through this business and have been doing many different kinds of inspections they are not trained or qualified to be doing. We have people come on here all the time asking someone how to do certain kinds of ancillary inspections because, well they happen to have one the next day and want to "bone up" on what to do. People who don't sh*t from shoe polish about any building trades or inspections wanting to break into the business because they lost their job and "well, I bought a house one time so I know all about them."
This is precisely why some States require separate inspections like WDO, WDI be performed by someone who has been trained, apprenticed, supervised and licensed for years before they can go into the business on their own.
If someone wants to be one stop shopping, they owe it to their customers and to their own familes and themselves to be properly trained before they go and purchase the latest gizmo to add yet another service to their belt. To do otherwise is a huge disservice and one hellava risk for a few dollars. As you can probably tell this frosts my cookies and it affects ALL home inspectors and the public perceptions of them.

I knew this I just wanted to hear it. Ok what if I offered up three names and the client chose who I should call for them? Just an idea. If it's still as liable I'm stepping out all together. I never have performed a termite inspection however as you stated I am the middle man and I'll take the heat from past inspections however that's why I'm asking you right now what course of action would you take in my shoes? Thank you Doug!

[Larry D. Kage]

Originally Posted by dedwards

Of course you can be held liable! If you are the one bringing or hiring the pest control company then you played a major role in the entire evolution. I would think you would know this. There are far too many inspectors who in this rush to be the "be all to end all" inspector of the Century, have moved the public expectations to a point of they expect everything to be included for a ridiculously low price, with IR thrown in and that nothing bad will ever happen to this home while I own it. Too many inspectors have BSed their way into and through this business and have been doing many different kinds of inspections they are not trained or qualified to be doing. We have people come on here all the time asking someone how to do certain kinds of ancillary inspections because, well they happen to have one the next day and want to "bone up" on what to do. People who don't sh*t from shoe polish about any building trades or inspections wanting to break into the business because they lost their job and "well, I bought a house one time so I know all about them."
This is precisely why some States require separate inspections like WDO, WDI be performed by someone who has been trained, apprenticed, supervised and licensed for years before they can go into the business on their own.
If someone wants to be one stop shopping, they owe it to their customers and to their own familes and themselves to be properly trained and if necessary certified (really certified, not some paper mill certification) before they go and purchase the latest gizmo to add yet another service to their belt. To do otherwise is a huge disservice and one hellava risk for a few dollars. As you can probably tell this frosts my cookies and it affects ALL home inspectors and the public perceptions of them.

Exactly!...well said, Doug.

[Kevin M. Leonard]

This is exactly why there E&O insurance. I am licensed to do the WDI. In my state you have to be licensed to report any wood destroying insect presence or damage - period. I also offer Radon testing. I sub it out to a Company that knows what they are doing & use the best equipment & they are also licensed. But since I am the Contractor hiring them would I be held accountable in a court of law? IMO - Yes.

My E&O covers my Home Inspections, My WDI & Radon as well.

[Kevin M. Leonard]

Originally Posted by bboerner

I'm stunned. So much so I don't think I'll offer to bring on sub termite contractors anymore unless someone can tell me I have no liability. My only involvement is having a seperate company come out when I do. My client and the termite company signs papers in regards to the termite inspection. Please some one BE VERY CLEAR am I or can I be held liable? Please respond.

Bill, you have liability the minute you pull in the driveway.

[Billy Boerner]

Originally Posted by kleonard

Bill, you have liability the minute you pull in the driveway.

So what if I give out different company names and leave it up to my clients to call and hire who they wish. Would I still have liability for the termite inspection?

[Kevin M. Leonard]

Originally Posted by bboerner

So what if I give out different company names and leave it up to my clients to call and hire who they wish. Would I still have liability for the termite inspection?

It is possible but most likely not. But if you collect the money for services rendered, most definitely.