I needed some time for reflection before responding to Drew.
Listen I agree with alot of what Drew says about being careful. I said my mind is open, and it is. I value and consider every point he made.
I try being very careful when doing an inspection and report, because I REALIZE and ACCEPT the repsonsibility that I have been hired for, that I have advertised for, that I have taken someone's money for.
I have a problem with a report that is wishy-washy nor will make a direct statement or evaluation. Imagine if every trade we hired in our lives refused to call it like they see it.
I think hiding behind the "only a Generalist" excuse is not applicable. I am an "Expert." I am an "Expert Generalist." I am an "Expert Home Inspector"
I agree that a contract should protect the Home Inspector, but to protect him so much that it makes the inspection report "not worth the paper it is written on," is odd. The whole idea we preach of getting an inspection is to protect the buyer. Are we really snake oil salesmen?
I have no problem explaining my contract to a client. Including the part that limits my liability, which is actually in very big, bold letters at the top of the page. I don't think I could ever explain to client that my contract makes the product that I am selling "not worth the paper it is written on."
My inspections and reports ARE worthy, maybe not perfect, but they are worthy. When I do an inspection, it is noticable how hard I work. When I write a report, I cannot begin to tell you how much thought goes into it, but that you should know yourself. I am very careful because I don't want to miss things, nor do I want to make statments that can get me into trouble.
Think about this. Not only can a client sue you, the seller can also sue you. It is for this reason that many times, while doing a report, I sit and decide very seriously if "is it or isn't it."
If there is something that I am not sure of, I will explain what I saw and state; that for further evaluation a specialist will have to be called in, or samples will have to be sent to a laboratory to be analized.
Remember something, you are taking people's money for a service. I know you have to protect youeself against people that are trying to "win the lottery." My contract limits my liability, but it does not eliminate it.
This whole issue doesn't say much for HIs either. Is the HI industry filled with people don't know enough about what they do, that they cannot stand behind their product?
A couple of weeks ago, I almost missed a water heater with a rusty bottom. Because of the lighting and the fact that is was in a pan with sides, it was hard to see. As it turned out, there were so many other things wrong with the house that it would not have mattered. But, had the client bought the house, and two weeks later the WH let go, would it not have been my responsibility? If it had come down that way, should I have bitten the bullet and bought the client a water heater, or should I have pulled out the contract and showed the world that my services are not worth the paper...
Which reputation would you prefer? Which HI would you rather be? The one who does the best job he can do, and stands behind his work? Or the one that ends up in court, but wins because his contract made his report worthless? If it scares you, well, it should. If you can't handle the heat, get out of the kitchen. In the deepest part of my heart, I really believe that I have always done a worthy job for each and every client I ever had, and provided the client with an true evaluation of the house/building. I consider every inspection/report the "most important one I ever did." Of course I missed stuff, and since we're always learning new things, what did we do before we learned the new things?
After every report, I reflect on what I missed, or will do differently in the future. I am very proud of my workmanship, I have always been that way, no matter what I was doing. Remember, even if you win in court, it does not necessasarily make you a winner. Remember, a contract... any contract will not guarenttee that you will not end up in court. Also remember, it is not only a client that can take you to court. The seller can also sue you.
If you want to stay out of court, do a good job, know what you are doing, write a good report that is understandable. Be able to back up what you call out.
If I turn on a light switch, and 3 out of 6 lights do not light up, that is exactly what I put in the report. I do not say "it appears that 3 bulbs are shot," or "it appears that something is wrong with the wiring," I do not care. All I care about is that 3 lights did not come on.
Another thing I do when writing reports is, I speak english. I do not use expressions that make me sound like I am a lawyer, or a scientist. For example, to use Greg's example, as an example. "the HVAC unit responded appropriately when operated," that is very good, but I don't know anybody that speaks like that. I think I would simply say, "the HVAC unit functioned using normal operating controls" or "the HVAC unit did not function using normal operating controls."
If something "responded properly when operated," are you not saying that it is operating properly? How do you know that? How do you know the heat exchanger isn't cracked? Did you have to jump out the thermostat? How about the TPR valve?(if the system is off and has to heat up) But, when I say it "functioned using normal controls," I think it is clear that when I turned it on, it worked, yet, I did not make a statment that says anything about the internal parts or workings. If someone wants that type of inspection, it will take me at hours, and will be "exhaustive." Same thing with AC. "It functioned using normal operating controls." I don't wait to see if the systems cools the whole house. That would be exhaustive.
Like Greg, if the filter is dirty, if there is rust, signs of improper combustion, if it makes a sound that I do not like, if it does anything except ignite, I call for it to be serviced/repaired/replaced an HVAC specialist. Even if I know what is wrong with it, I do not specify the problem, and mind you, I have worked on alot of boilers. Last week I trouble shot one with an intermittant problem, which is the hardest. I traced the anomaly to cracked solder/connections at the pins on the circuit board in the brain, and then I resoldered them.
PS. Drew, I copied your data from your signature. If there is anything you would like me to change, let me know. I linked both of yours to both of mine.
Dom, is linking up like getting married? If so, I want to start planning honeymoons. ;D
