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MONDAY MORNING MESSENGER

Message Prepared For Home Inspectors and Especially for Members of the

American Institute of Inspectors®

October 4, 1999

GOOOOOD MORNING, A.I.I.™

It's a great day here in Northern Utah. The leaves have started turning colors, the nights are getting colder and homes are still being inspected like crazy. The Leavitt family got hit hard by the flu bug last week. It was more than a 24-hour ordeal. It lasted several days per person and left one feeling muckity muck. It is sad to watch a 22-month-old go through it when he can't comprehend that it is a short-term trial. Watching it overtake each family member one at a time was even tougher. I got off easy because I was able to leave the house each day. The trooper of our family was Shelly. I came home one day and found her sitting on the couch in between Haily and Adam with two barf bowls...both being used at the same time! This struggle went on for hours.... Shelly was becoming a frazzled mess.

INSPECTION ILLNESSES

So what do you do as an Inspector when you see the writing on the wall that the sickness is going to overtake you, too??? I have found that being a Home Inspector requires total dedication.... there are no sick days. You can't just call your employer and say, "I'm feeling a little under the weather today...I don't think that I can make it." Our clients are involved in time-restricted contracts. They can't be put off just because our food won't stay down. The worst part is that when the schedule is booked solid, there really is no other option. If I have to miss an inspection it is several days before there is another opening in which it can be performed. So far we have been able to limit postponements to a death in the Family only.

This past week left me wondering about this inner driven quality that has kept me from just bailing out on inspections. It is a good attribute, but I have to be careful of the line that I draw. I kept the sickness from keeping me in bed this week out of sheer denial. It culminated with an out-of-area inspection on a vacant home which the client was with me the entire inspection like a shadow. I prefer them to arrive at the end for a walkthrough, but this client could not stand to think that I might find something and fail to report it to her. Three quarters of the way through the inspection I found that churning feeling in the gut begin to take over. Try as I might, I could not will away the upset stomach feeling. When the saliva taste in my mouth began to change I knew that I was doomed for the inevitable.

So what do you do when you know that you are going to throw up, but you don't want anybody to know??? I look back on it now and wish that I had realized that I was a carrier of the flu and that I had rescheduled the day's work. But there I was with my stomach ready to explode. With quick thinking I left the client next to the basement heater and services room and said, "Wait here while I energize the unit." With that, I went up stairs and cranked up the thermostat and quickly headed to the bathroom to hug the porcelain throne. It took very little time to do my business and rinse my mouth out. I popped a breath mint and then went from room to room to check the heat flow. Upon returning to the bedroom the client knew nothing of the incident.

I realize that my experience is not unique.... What is your worst health-related inspection experience???

E&O LAWSUITS???

The following legal scenario was sent along by Brent Foster from Lacey, WA.........

"Two years ago we inspected a 16-year-old structure and noted settling support beams, posts and foundations. At that time we recommended a contractor repair this system. To date, we are the proud owners of a $50,000.00 lawsuit. If inspectors think they can follow the rules and not be hauled into a legal situation, they are wrong. Thank heavens for Allen Insurance. The suit has not gone to court as of yet and probably will not, but it will cost at least $2,500.00 in deductible fees. Welcome to the pressures of business. We will keep you posted on the progress."

Brent is a man of few written words. Those of you that know him know that one-on-one Brent will keep you entertained for hours. Asking Brent to relate an experience in writing elicits very few words. Brent is direct and concise in print. The scenario which he shared is real and much more involved. Some of the extra details that Brent shared with me......

Brent first identified all of the deterioration and evidences involved in the crawl space. He listed 5 to 8 different areas needing attention.
Brent was then called back for the re-inspection to document the work that had been done.
Brent then identified that only a portion of the repair work had been done. It was very clear that more work still needed to be done.
Brent heard nothing more about the transaction until the $50,000 lawsuit came about.

This lawsuit is just one more that leaves me scratching my head. The Inspector appears to have done all within his power to do the job right. This is not a case of....... "Gee whiz, I guess I missed that." Instead, it is a case of "I did everything that I was supposed to do." The tough part is that the Inspector still has to defend himself. That means paying for a legal defense.

Brent does a lot of work and as a result he, too, gets his share of bad apples. He also passed along this real life scenario......

"Case two:
The building site of a structure we inspected one year ago flooded due to excessive rains. This suit was $30,000.00. The Client, if that is what you want to call her, settled for the deductible of $2500.00. Looking for cash only."

Once again, Brent is very sparse on the details. He shared with me that he inspected this home with a flat lot and a crawl space. There had been no appreciable rain for a while and everything was fine. Then the rain came down and water filled the crawl space. The structure was not damaged before or after and it eventually dried out. The client was upset because Brent did not identify the potential for this event ocurring. Every other home in the neighborhood was constructed in the same fashion. There was really nothing out of the ordinary. The rain that came was a "once in a100 years" rain. It didn't matter who you were.... whatever you had was wet.

Listening to Brent's plight was enough to ruffle any good Inspector's feathers and say, "Fight, Fight, Fight!!!" Our service Agreements are set up to protect us from these situations. We cannot be responsible for "Acts of God." If lightening strikes, then so be it. If the tornado repositions the wobbly box, then so be it. If the unexpected flood rain comes, then that is the way it is. We should not be responsible for that. Was the crawl space dry during the inspection??? Was there any evidence of previous water entry??? Does it look like there is the potential flooding from normal weather patterns??? These are questions that we can all deal with.

So why didn't Brent fight??? Brent is the most logical, rational Inspector businessman that I know. Brent does not feel that he has the time to fight the nuisance clients. Instead of taking the time to fight them, he falls back upon his E&O insurance when necessary and does whatever it takes to put the headache to rest. Brent feels that by allowing his insurance company to offer his deductible to settle, he made out like a bandit. The E&O carrier said that the client didn't stand a chance of winning, but there would be considerably more legal cost than the $2,500 in the process. Brent would rather settle and move on than deal with the long-term headache of litigation. Brent shares.......

"Inspectors, be careful out there. Some people are setting you up as a "deep pocket." The most troublesome client has always been a single divorced female that works for the state or an attorney, in
every case. Keep in mind, if you are inspecting 500-700 structures a year you are going to have some issues. That is life.

The AII™ Umbrella Philosophy is a good guideline. But if you think you can follow the rules of inspecting and stay out of trouble entirely, think again. If you do not carry E & O insurance from Allen Insurance you are foolish at best. Needless to say, we filed a claim. The claims administrator will handle this action with our guidance

More on nuisance claims later." Brent Foster - Olympia, WA

I, too, carry E&O insurance with Allen Insurance. It is more expensive than the others that I have encountered, but they offer a much more complete umbrella of protection. I have researched several of the others out there and have been disappointed with their coverages. I have yet to call Bob Pearson at Allen and inform him of a lawsuit, but as long term MMM readers will recall, I have had to dodge a few bullets. I sleep better at night knowing that the coverage is there.

LP OSB LEGAL NOTICE

This is not LP siding..... This is the stuff they use everywhere else on the home. Walls and roof sheathing are the most prevalent areas where OSB is found. For the complete details of the legal notice I encourage you to visit http://www.kinsella.com/lp-osb/notice.shtml. This legal notice should be of special importance to Western US Inspectors, although the info was passed along to me by Larry Cerro from Tallahassee, Florida. The LP products are found all over the USA.