how many get both signed?

[Eragorn Northe]

hello

how many people get both the mold waiver
and the mold agreement signed?

[Gerry Pallotta]

All documentation that needs to be signed is done before the inspection begins or no inspection. I want everyone to be clear.

[Eragorn Northe]

Yes, most definatly.

[Douglas Wall]

A real mold inspector will have MOLD E&O insurance and the insurer will require a signed agreement. A professional in any business will get a signed agreement. In Florida, whether we are issued a license on or before July 1, 2010 certain aspects of the law will be in effect then.

1468.8422 Contracts.--A contract to perform mold assessment or mold remediation shall be in a document or electronic record, signed or otherwise authenticated by the parties. A mold assessment contract is not required to provide estimates related to the cost of repair of an assessed property.

1468.8421 Insurance.-- (1) A mold assessor shall maintain general liability and errors and omissions insurance coverage in an amount of not less than $1,000,000.

Before some get their panties in a twist, We send out certificates of insurance several times a week. Professionals in other businesses (builders, complex managers, developers, etc) expect and require a certificate of insurance. They also expect an agreement. Not getting a signed agreement is a mistake on any job. Realtors don't like them but they won't "work" without an agreement.

[Eragorn Northe]

My question here is not wether you are signing an agreement but wether you are signing the waiver as well?

[Douglas Wall]

My question here is not wether you are signing an agreement but wether you are signing the waiver as well?

Waiver for what?
I guess I'm at a loss.

[Eragorn Northe]

this waiver..

Waiver of Mold Testing and Release
Date:
Client name:
Subject Property address: ___________________________________________
My signature below acknowledges that I have read and understand the following:
The

InterNACHI Inspector has advised me that the subject property may be subject
to contamination by mold. Molds produce tiny spores to reproduce. Mold spores
waft through the indoor and outdoor air continually. When mold spores land on a
damp spot indoors, they may begin growing and digesting whatever they are
growing on in order to survive. There are molds that can grow on wood, paper,
carpet, and foods. When moisture or water accumulates indoors, mold growth
will often occur, particularly if the moisture problem remains undiscovered or unaddressed.
I have been advised of the potential health effects and symptoms associated with
mold exposures including allergic reactions, asthma, and other respiratory
complaints. There is no way to determine if there is mold and if it is a health
concern without testing.
Nevertheless, I have directed the Inspector to perform NO Mold Testing, and in
doing so I agree to hold the Inspector, its agents, and employees harmless and
free from all liability and legal action relating to any presence of Mold at the
subject property, regardless of the legal theory upon which any such claim rests.
This waiver and release shall be binding on all my heirs, agents, assignees,
successors, and on any other person(s) who might otherwise be entitled to file
suit or make a claim on my behalf.
Client Signature ____________________________________ Date __________

© 2005

International Association of Certified Home Inspectors

use by members permitted

[Nick Gromicko]

Doug, it is in www.nachi.org/documents.htm

The Mold Waiver and Radon Waiver.

[Nick Gromicko]

http://www.nachi.org/moldwaiver.htm

and

http://www.nachi.org/radonwaiver.htm

[Douglas Wall]

Most agreements friends (and us) use have a section to accept or decline various IAQ services we offer or recommend. One agreement has worked well for us the last several years.
Since here in Florida we often have to send agreement by fax or email all over the country having two documents would compound things. We are realizing this since our Chinese Drywall is a separate agreement. There is always a better way, just have to find it.

If you have an agreement signed to perform mold assessment, why would you need a wavier signed?

[James E. Braun, CMI]

Exactly!

[Nick Gromicko]

James Braun writes

Exactly!

Yeah, exactly wrong.

Doug asks:

If you have an agreement signed to perform mold assessment, why would you need a wavier signed?

Because if you have an agreement signed to perform a mold assessment then I presume you are doing the mold assessment. The Mold Waiver is for when you find mold on a home inspection but your client doesn't care. Read http://www.nachi.org/moldwaiver.htm again.

The Waiver isn't an agreement to do the mold assessment, it's proof that your clients didn't want you to do it, even though you informed them about it.

The only mold lawsuit that resulted in a substantial settlement (that I am aware of) was not because the home inspector did a mold assessment, but because he didn't... or at least didn't emphasize the seriousness of the mold issue. The inspector (an InterNACHI member) admitted that he told his client "not to worry about mold." This waiver prevents a future client from accusing you of giving out similar bad advice.

[Douglas Wall]

[quote]

The Waiver isn't an agreement to do the mold assessment, it's proof that your clients didn't want you to do it, even though you informed them about it.

Hard to get people to think sometimes isn't it.

Have a good day, taking off early today, mow my lawn- only low 80s today.

[James E. Braun, CMI]

This was posted in the IAC2 so we are talking about mold contracts and not home inspection agreements, right?

[James E. Braun, CMI]

Originally Posted by enorthe

hello

how many people get both the mold waiver
and the mold agreement signed?

Nick, you must of misread his first post because we are talking about mold not home inspections. Ooops!