Litigation Inspections

[Chris Bernhardt]

You get called to do an inspection. After you get there and start inspecting you find out that the purpose of your inspection is to compare it against another inspectors inspection.

What do you do?

A) Run as fast as you can.

B)Terminate and recommend they have the inspection done by an EW.

C)Perform the inspection as usual.

Chris, Oregon

[Brandon Whitmore]

My 2 choices would be A and B-- just me. If you don't find out why you are there until you are there, it would be pretty shady.

[hausdok]

"C" - I'd just do the inspection and wouldn't sweat it.

I've shown up at a couple of dozen jobs over the years where the folks are waving around an inspection report. Sometimes they are reports done for the sellers by an inspector that the seller hired, sometimes they are reports that are several years old and are from the last time the home was sold, sometimes they are new inspections that were just performed and the client wasn't happy for whatever reason with the other inspection report. I don't really care, I'm there to do an inspection. I do my normal gig.

I tell them that I don't even want to see the other guy's report, or know what's in it, until I'm done doing my inspection. I tell them that once I'm done I'll look at the other guy's report, to see if there is anything that I missed. I tell them that if I find anything in the other guys report that I missed, we can discuss it then. Well, to-date, that discussion hasn't taken place, because I've never had a situation where I didn't find everything that the other guy mentioned and then some, sometimes a lot of 'then some'.

Then the questions come; "Why didn't so-and-so find this?" or "Why didn't the seller's inspector report this?" at which point I tell them that they're asking the wrong person. In 11+ years of doing this business and that happening occasionally, I've never been put into the position where I've had to confront another inspector as an EW. I've made it to the courtroom lobby a couple of times, but in those instances the other side caved before I had a chance to testify.

It's what we do, inspect and report; nothing more. There's no reason to feel uncomfortable with it or run from it.

ONE TEAM - ONE FIGHT!!!

Mike

[Chris Bernhardt]

Well, Mike thats not fair because I would consider you an EW and second you write a full narrative report.

What would your advice be to a rookie?

Chris, Oregon

[hausdok]

Chris,

You've been asking some pretty intelligent questions around here for a couple of years now. You got the goods; just go out and do the job as best you can and don't sweat it. You'll be fine.

OT - OF!!!

M.

[Chris Bernhardt]

I posed the question because on IN when the question was posed the concensus was to run away or punt. That advice is at odds with what I would have said which is the same thing you're saying to just have the balls to do the inspection that you have contracted to do.

Chris, Oregon

[Scottpat]

You have to do what you are comfortable doing. Yes, I do EW work but I see no reason for not doing an inspection like the one you are asking about. I would let them know upfront that you are not doing this inspection as an expert witness, but if they want to hire you as an EW later that you will do so but for a fee. My EW fee is $225 an hour plus expenses and retainer.

All you are doing is an inspection. Most EW type work are for specific items in a home. Very seldom is it about the entire home.

[Les]

do the work, write report, have lunch, eat a few Tums and go fishing.

[Jack Ahern]

I inspect the house for my client. They want an EW?-I can refer it out.

I usually do not care why my client wants the house inspected. I inspect the house-write and send a report-cash the check-move on.

N E X T[:-banghea

[Jim Morrison]

I'd choose "C" and advise anyone to follow their gut on that one. I run when my gut tells me to.

[kurt]

"C"

It will lead to more good work. It's an opportunity, not a hazard.

[n/a30]

Definitely C

1. If another inspector does a bad (incomplete or sloppy) job, or

2. The client wants a second opinion

3. or any other normal reason associated with fact finding

Then there is nothing wrong with continuing telling it exactly as it is.

That is normal SOP.

[Brandon Whitmore]

I guess it all depends on a gut feeling thing. I have been an expert witness and been in the courtroom and did not like it much.

If they were trying to COMPARE it, meaning they were ticked off about the original inspection/ inspector, I would run. (still a case by case basis though)

If the report is from a fail sale, I tell them I do not want to see the report until I am done. I will read all the reports at my disposal once my inspection is done. I typically am shocked at how difficult the reports are to read, and what was missed.

I guess it just would depend on what kind of vibe I was getting at the time.

[hausdok]

Originally posted by Brandon Whitmore

I typically am shocked at how difficult the reports are to read, and what was missed.

I guess it just would depend on what kind of vibe I was getting at the time.

I had one of these Tuesday. The report they wanted me to look at was from 2004. The inspector actually did a fairly decent job, but the report "binder" was so full of crap that it took me 15 minutes to find and review all of the stuff he'd written up - which amounted to only 13 separate items; I'd found substantially more.

The fancy binder had a complete book about maintaining one's home, in addition to a whole lot of unbelievably long-winded generic boilerplated fluff. In order to find the kernels, one had to wade through all of the fluff. It was mind numbing.

Very nice visual package and I suppose it provided plenty of 'Wow, gee whiz!' factor for the person that paid for it, but it had to cost the inspector about $25-$30 per inspection to put together. That adds up after two or three score inspections.

By the way, here we are, 3 years later, and the homeowner hadn't really satisfactorily corrected any of the relatively serious issues in the report - only the machs nichts stuff.

ONE TEAM - ONE FIGHT!!!

Mike