Builder Obstructs Clients Right to Inspection

I have been at this for over 12 Years
My Business is also Multiple Inspector / Employees.
My Business Incorporation will serve all Potential Clients.

Your Market may vary…

OK guys,get out the measuring tape and lets see who is bigger.

What Linus is saying,
Is his business incorporation
limits his business opportunity
mine does not…

In IL you can opt out, Linus get a legal doc from you lawyer, stating that you will hold the builder of company harmless if you get hurt on the site. it works.

You can’t sign your rights away in Illinois.

It’s my choice.

it is…
so not complain…

Sole proprietor in NY does not require workers comp.

The issue is larger than if one carries WC and liability or not. The issue is that the client does not own the property and has no right to conduct an inspection.

The right to perform an inspection is something which must be negotiated between the buyer and seller, prior to your arrival on site. If you are asked to leave at any time by a representative of the builder, and you refuse, you can be arrested and charged with criminal trespassing.

Builders do not want us inspecting anything. This is because they are required to pass a municipal inspection, which they pass off as their only obligation. Our inspections are different.

Ours is based on many factors, including an opinion as to the quality of the work, in many cases.

Many builders cant deal with that reality and will try to keep us away.

It took my wife and I almost 3 years to find a builder to help build our home that we built in 2004. Over the years I lost contact with many contractors, and needed a good builder to assist. Questions, or a full interview if you will, should be done by any buyer who purchases a new home. Many of the builders here around KC would not even talk to us in person, so we had to talk to a “representative”. They were eliminated from my list quickly. I was allowed 100% access during the building process, caught several things that were repaired cheaply, and on the spot, so they would not cost more later. The builder was very appreciated, and did many presentations on the building of a home for a home inspector. He later became the KC Home Builders Association President.

Perhaps buyers should take heed also. Someone should blog or write an article about this.

didnt you have to get permission from t he builder or a realtor representing the builder to be there BEFORE scheduling the inspection?

so you prefer a builder that is a good bullsh/tter, over a really good builder? guys that will meet with you in person aren’t necessarily the best guy for the job. Look at it like this: the guy that always gets the job as US president is always the one who is good in front of people and always says the right things at the right times. We never elect the best guy for the job. NEVER.

When I met him in his large office/warehouse, he was wearing blue jeans, flannel shirt, and dirty boots. He apologized for his appearance, but just got back from a job site, and did not want to go into his nice office. Hired him on the spot. I new then that he would be on site often, and not afraid of getting his hands dirty.

What rights have I signed away, I just agreed to a hold harmless agreement!!

If there is a Real Estate contract, and it contains an inspection clause, the builder cannot deny the inspector access. He may as for G/L insurance, but cannot demand Workman’s Comp (for a one man shop) but can demand the inspector sign a waiver.

If the builder tries to deny you, just inform your client and they will have a perfect reason tgo walk from the contract and get back their earnest money.

Hope this helps;

Not required for one man shops here.

You only need E&O and GL policies.

The State stopped Builders from pulling that crap as well and they have to give you access.

That being said, I stopped doing New Builds 5 years ago as no one wants to pay what they are worth, and Builders still play scheduling games, just not worth it for me.

I Would not take that as an HI attack by sterling homes, sterling is one of the builders I contracted to for 20 plus years, Its standard issue amongst the builders in my area (Calgary) whether you sub contract, contract, or inspect, to have a substantial amount of requirements met, every Canadian is guaranteed protection on the job site by law, if you don’t have WCB, and something was to happen to you ,their WCB would have to cover you, if you are incorporated you use to be able to sign a waiver, I don’t know if they do that any more, but it is not an HI attack, I have dealt with this for 23 years, it is, what it is, the norm for most Calgary builders, for my second career as an HI, I plan on keeping myself distant from new construction, to many short cuts being taken, and to many year ends, most of those homes experience to many problems juring the first year , and I figure the HI will be a good fall guy .

PS, every tradesman,professional or individual, with an involvement in the new home construction industry, is expected to be incorporated, that is as well , very old news.