Texas lawsuit update

[Nick Gromicko]

Jim writes:

The client paid for my opinion about the conditions within the home, which I provided. He did not pay for me to provide opinions that were approved or condoned by the builder.

If the builder made an error and the AHJ approved it....so what? I am not a code inspector. I have been paid by my client to observe and to report to him my opinions of what I observed. I will stand by my opinions in full disagreement with the builder.

The worst thing for me to do, however, is to abandon my correct position as a home inspector providing a report of his personal observations...and replace it by providing my own interpretation of "the code" and the decision that should have been previously made by the AHJ. That is the position for which I can be sued, for I was neither paid nor am I authorized by law to provide anyone with such an interpretation.

I would agree with Mr. Cahill in the sense that many home inspectors will try to use their knowledge of building standards in such a way as to impress someone with it...which can backfire. All we need to know and to report to our clients is that a certain condition is wrong and recommend to them that they have it corrected. That is what they get for $400.

Excellent post.

[Curtis Sproull]

I am new to InterNACHI and find this conversation very interesting. I have noticed that many of the comments are coming from different parts of the country. I have been a full time inspector in the State of Texas since 1994. I personally use code references in my reports. One of the main reason is I do a large percentage of my inspections in unincorporated areas which in the State of Texas there is no building code enforcement. We did have the TRCC for a short period of time which has been abolished for multiple reasons. I have been told by a more than qualified Master Electrician that in the State of Texas you did not have to be a licensed electrician to wire a home in unincorporated areas until 2004. (If that is not scary what is).

I constantly would have persons of trade, electrical etc coming back after an inspection with I never heard of that! Me and Pa have been doing that way for 30 years! This is the type of answers these people were telling clients along with there are no codes in the county, the inspector doesn't known what he is talking about. We all do it that way.

One of my favorites was new $350,000.00 townhouse on lake that I was first to inspect one of the units. My first clue to issues was when I tripped the GFCI reset in kitchen and dishwasher turned off. The electrician and plumbing contractor was the same guy. There was only one 12 amp circuit for the entire kitchen. This is a case where code references are required in my opinion. If all I would have said was this was not correct have a licensed electrician correct as required to meet current NEC the same guy that did it was a licensed electrician.

This is one the reason I started adding code references to my comments, I would have person of trade calling all the time asking where did you come up with that. After I started adding reference most of this came to a halt. (I also have a statement in the report and inspection agreement that this is not a code compliant inspection but codes are only referenced to clarify opinions etc)

I now have some builder calling and asking questions as to what is right and wrong which I am happy to give to them. Saves me a lot of trouble when I have to inspection later.

I would agree that in an older home that the code reference may not be appropriate.

Another thing that I did not see addressed was a home built in 1940 etc and a furnace or water heater installed in 2004, in many cases certain items should be up graded and corrected accordingly.

These observations are not to create an argument but to give one side of a very complicated issue. I think every situation and each inspector must make the decision for themselves in each situation.

I do not think one that one method or the other is right of wrong.