Chad Fabry Posted February 11, 2010 Report Posted February 11, 2010 In a recent decision, the Louisiana courts upheld the one year statute of limitation against suing a licensed home inspector for an error or omission. To read more, click here.
Les Posted February 12, 2010 Report Posted February 12, 2010 Chad, That is a good case to learn some legal language for Louisiana and an encouragement for home inspectors across the nation. However, it is my opinion that no inspector should rely on it for precedent until they can read the entire file. Sounds like Chance did a "good" inspection and was not released just because of the passage of time. Maybe?
Stephen D. Gazo Posted February 12, 2010 Report Posted February 12, 2010 Great read. Great work on his part. Did it sound like he defended himself, or is that me?
Marc Posted February 12, 2010 Report Posted February 12, 2010 Seems to me that attorney Nicaud decided to use the '1 year statute of limitations' to get inspector Chance off of the hook and it worked. I don't know whether the petition was frivolous or whether the foundation was actually in failure one year after Chance's inspection. It's good to see that this new law survived it's first challenge in court. Nicaud, I believe, came up with the language for that law. He has been on retainer for years by the State of Louisiana to represent the Board in legal issues and has attended most, if not all board meeting, so he's well informed of the technical side of home inspections. This puts him in a good position to fight for inspectors. I've spoken with him. He's not another 'Joseph Ferry'. He's shown that he will fight, as would Ferry, but he's also a very nice fella to talk to. Marc
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