It's a great day here in Orem, Utah! Shelly and I are currently like two giddy newlyweds. We just passed over the 12 year threshold of matrimony and are ready for the next twelve. To celebrate we spent a wonderful night at a little Bead & Breakfast in the Fort Union area of Salt Lake City. Named the Castle Creek Inn it has a medieval theme throughout the castle. We stayed in the Excalibur room and it has everything you could want. The only room that has any more to offer is the King's Lodge which sports a sunken area for the in room pool table.
While you are reading this issue of the MMM I will be fulfilling my annual responsibility to go to Boy Scout camp. This year I will be taking the 12 and 13 year olds down to Thunder Ridge Scout Camp in Southern Utah. Hopefully the water in the mountain lake will be warmer as I once again earn the mile swim award. The last time I earned the badge of honor was in the high altitude Schofield lake. A mile is a long way to go in any lake, let alone a frigid one. This year I have the good fortune to leave the organized camp for a couple of days to return home and knock out 6 inspections before returning. I was blessed to receive 6 inspection orders on 1990 and newer homes and condos that I can easily get done in 2 days. These are busy times here in Utah and I hope that your marketplaces are also productive for you right now.
Special thanks to Ron Cloyd, Jim Corbin and Thomas Skrodzki for their contributions to today's MMM.
So now you've been in the inspection business for about 6 months. Things are great! Your business is growing and you're beginning to see that this is the business for you.
But have you been paying enough attention to your business? You say marketing is going well. The money is great! Your inspection time, on the job, is beginning to settle down into the typical average of 2 to 3 hours per inspection. You're figuring out about the how and when to pay your taxes. (This really never gets easy. And only begins to hurt when you start making really good money and you figure out that the harder you work, the more hours you put in each day that that extra money only goes to Uncle Sam. We'll save that subject for another time. It's too depressing for the summer!) But the big questions are: Have you been paying attention to those fees owed you? How long past 30 days are some of your billings and how much is owed you? In other words, have you been paying enough attention to your receivables, especially the ones past due? (Usually over 30 days.)
I will list some of the steps that have helped me over the past years as a businessman.
In conclusion, stay on top of your collections! Don't let them run past 30 days without making at least a call to the agent or client. When necessary, send the first and second letters to prompt payment.
In all my years of inspecting, I lost only $30 for a re-inspection fee. I wrote three letters to the estate and the persons who I thought were the trustees of the estate. After giving up, (It didn't make economic sense to spend more time and money on this. Perhaps I had already wasted too much time and effort.) I received a call, about 3 months after the last letter, from one of the heirs. He asked about the fee and said he would put it in the mail that day. I never received it. Thirty dollars lost in 8 years as an inspector is not bad.
Please include your name so that proper credit can be given.
Once the court accepts you as an expert witness, you should make note of the case number, for you will automatically qualify as an expert witness for similar subject matter the next time. My experience was I was called in as expert witness in a case of the homeowner vs a pool contractor. As soon as I hit the witness stand, the defense (pool contractors) attorney objected. Judge steps in, asks how long you have been an inspector, how many pools have you seen, etc... if he likes your answers, he overrules the defense attorney and you have just become a pool expert. Keep the case number for the next pool case- and use it to add to your resume and qualifications for marketing purposes. I am currently accepted by the Florida courts as an expert in siding, roofing, and pools. Nice, huh? Carl Fowler - Fort Myers, FL
Ron Cloyd followed up with his most recent case involvement....... Michael, We won the last case. Complainant has sued for around $12,000. Got nothing! Ron Cloyd
This is what I get for not reading "all" of my mail...I have an invitation to comment and I am a little late. Oh well, it has been a busy and profitable week.
I have had 3 associations with attorneys. The first two were with the same one and the third is currently under way. The first involved a home where a lady had taken a fall down some stairs and the suit had to do with personal injury. I was asked to inspect the home for the particular stairway involved and offer an opinion. I put together a special service agreement that outlined the scope of the inspection and the fee structure for the inspection, time for any research, time for travel, and time for any litigation and associated court fees. The attorney signed the service agreement and I did the inspection, wrote an evaluation including all research with the county building department and included many photos to point out conditions that I observed. I also included all copies of documents from the county building department and pages of the then applicable Uniform Building Code (UBC). Basically, the stairway was not built according to the UBC nor was it properly inspected. In fact, the home was occupied without proper inspection. It was a converted barn to a three level residential structure. This inspection provided all of the required information and did not ultimately go to court.
The second also involved a personal injury. A lady fell in a commercial business, an antique store, and filed suit. Again I performed the inspection. The Service Agreement was detailed as to the scope and fee structure. This inspection was far out of my area, some 150 miles one way. There were numerous photos and a very detailed narrative. This client did go the full distance to court and provided a very good learning experience.
That litigation did not favor the attorney I worked with. Looking back, I think I would do things a little differently and work differently with the attorney and the client. After going through a court case, you DO gain a lot of experience.
The third attorney is a local one and the suit deals with a manufactured home. It is a triple wide with a Family Room Pod involving some 2800 sq. ft. and is about 9 months old. I gained a lot of insight from Chuck Fair, in discussing the findings. His experience is extensive. The report and photo series were long. I sent him a PDF copy and he offered a lot of insight that is much appreciated. The feature of the 3D system in setting out a Summary of issues was most helpful. That document allowed the attorney to focus. Yes, the attorney is not "conversant" with terms and reports on manufactured homes. So, instruction is necessary. This inspection will lead to another with some appropriate experts next week. I also convinced the attorney to attend...I would supply the coveralls and mask. He is eager to learn and appreciated the efforts to get him there at this following inspection. He understand that his instruction will surely aid in the presentation of the claims against the Manufactured Home manufacturer. There is some organization of tradespersons that is required and the fees involved for your and their time also needs to be offered in the Service Agreements. We always need to be mindful of our limits and draw on appropriate experts to fill in the gaps. In this case, the experts will be those who deal in repair of these homes to bring them back into code requirements for installation and function.
I hope this long winded "note" offers some further information to Ron Cloyd's excellent detail. Talking about this with those involved gains so much for each of us. If I go into another court case, I have "some" experience but there are others in our AII™ group who can offer so much either through a phone call, an evaluation of a written report or through our very effective chat forum. Thank you so much for always being there for each of us.
Discussing "Expert Witness" topics through a group or seminar presentation at our Conferences is a topic I would support. Have good days! Jim Corbin - Bow, WA
This looks like one that I uncovered in a partial basement. There did not seem to be any way out and the cat was stuck. Inspecting is always interesting and sometimes surprising. My worst fear is finding one of those lost large Boa's or Pythons's. Brent Foster told me of his one time. I would find reverse gear very fast. Jim Corbin, Bow - WA
WASHINGTON, D.C.- The U.S. Consumer Product Safety Commission (CPSC), and Central Sprinkler Company, an affiliate of Tyco Fire Products LP, of Lansdale, Pa., are announcing a voluntary replacement program. The company will provide free parts and labor to replace 35 million Central fire sprinklers with O-ring seals. The program also includes a limited number of O-ring models sold by Gem Sprinkler Company and Star Sprinkler, Inc. totaling about 167,000 sprinkler heads. Central initiated this action because it discovered the performance of these O-ring sprinklers can degrade over time. These sprinkler heads can corrode or minerals, salts and other contaminants in water can affect the rubber O-ring seals. These factors could cause the sprinkler heads not to activate in a fire. Central is providing newer fire sprinklers that do not use O-ring seals, and is voluntarily launching this program to provide enhanced protection to its sprinkler customers. This is the third largest replacement program in CPSC history. "I am pleased that Central is voluntarily undertaking this major program proactively to replace sprinklers nationwide and protect consumers from the risk of fire," said CPSC Chairman Ann Brown. Central will provide free of charge replacement sprinkler heads and the labor needed to replace the sprinklers. Central will arrange for the installation by using either its own Central Field Service crews or by contracting with professional sprinkler contractors. This replacement program includes two kinds of sprinklers, "wet" and "dry." "Wet" sprinklers are installed in piping that is filled with water. "Dry" sprinklers are used in areas that may be exposed to very cold temperatures and the exposed piping does not contain water. Central has received 4 reports of "wet" sprinklers failing to activate during a fire and 9 similar reports on "dry" sprinklers. These incidents resulted in two property damage claims against Central. The sprinklers were installed nationwide in a wide variety of buildings, including houses, apartments, hospitals, day care facilities, schools, dormitories, nursing homes, supermarkets, parking garages, warehouses, and office buildings. Central manufactured 33 million "wet" sprinklers with O-rings from 1989 until 2000 that are covered by this program. Central also manufactured 2 million "dry" sprinklers with O-rings from the mid-1970's to June 2001 that are covered by this program. The program also covers 167,000 sprinklers with O-rings manufactured by Gem Sprinkler Co. and Star Sprinkler Inc. from 1995 to 2001. A listing of all the models covered under this voluntary replacement program is attached to the end of this release. The fire sprinkler heads have the words "CENTRAL" or "STAR", the letters "CSC", the letter "G" in triangle, or a star-shaped symbol stamped on either the metal sprinkler frame or on the deflector. The model designation and date may also be stamped on the frame or deflector. The deflector is the flower, or gear-shaped metal piece at one end of the sprinkler head.
Laboratory testing has indicated that most of the heads would operate in a fire situation, but certain tested heads required higher water pressure to activate than may be available in particular buildings. Due to the number of sprinklers involved, this program will be phased in, with priority based on the age of the sprinklers, the population affected (e.g., buildings such as nursing homes and hospitals will be given priority), and whether the sprinklers show signs of corrosion or leakage. This program puts in place an orderly process that serves the public interest. Building and home owners should check their fire sprinklers immediately to see if they are part of this voluntary replacement program. For more information on how to identify sprinklers subject to this program and to learn how to participate in this program, call the Notice Packet Request Line at 1-800-871-3492 24 hours a day, 7 days a week or access the program's web site at www.SprinklerReplacement.com. The Commission is currently working with the sprinkler industry to improve sprinkler reliability and upgrade existing standards and codes. The Commission and Central emphasize that for sprinkler systems to be effective, they must be regularly inspected, and maintained like a building's heating, cooling, electrical and elevator systems. In addition, the most recent industry standards state that dry sprinkler heads should be tested, and replaced if necessary, at least every 10 years. Central believes all fire sprinkler heads should be tested no later than 10 years after installation, and depending on water quality and other factors, more frequent testing may be appropriate. Central is also contacting foreign governments to facilitate the replacement of these O-ring sprinklers that may be installed in their countries. Consumers should always take precautions to make sure they are fully protected from a fire, even if they have fire sprinklers in their homes. There should be at least one fully operational smoke detector on every floor of a home, especially near bedrooms. To ensure that the detector's batteries are working, test the detector every month. Consumers also should have a well defined and rehearsed escape plan and an alternate escape plan in the event of a fire. A free copy of "Your Home Fire Safety Checklist" is available from CPSC by calling (800) 638- 2772, or by writing to CPSC, Washington, D.C. 20207.
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