Originally Posted By: pdacey This post was automatically imported from our archived forum.
It seems that most builders here in San Antonio have a Hold Harmless Agreement that they require inspectors sign before they are allowed on the property. This is for private HIs that are doing inspections for the buyer after the house is complete, not the city inspectors.
I would like some opinions on this. It seems that there are some inspectors that won't do the inspections because of the agreement and others that don't care and just sign it anyway. I'm on the fence. I have an inspection scheduled for next week that requires me to sign the agreement.
Here's the agreement verbatim. To protect the innocent (or guilty) I changed the builder's name to just "Builder".
Quote:
This Hold Harmless Agreement is entered into by and between "Builder" (hereinafter called "builder") and _____________ (hereinafter called Inspector)
"Builder" shall not be liable or responsible for, and shall be saved and held harmless by inspector from and against any and all suits, actions, losses, damages, claims, or liability of any character, type, or description, including all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by, directly or indirectly, by any act or omission of Inspector while on the property being inspected pursuant to this agreement, including claims and damages arising in whole or in part from the negligence of "Builder".
It is the express intent of the parties to this agreement that the indemnity provided for in this section is an indemnity extended by Inspector to indemnify and protect "Builder" from the consequences of "Builders'" own negligence, wether that negligence is the sole or contributory cause of the resultant injury, death, or damage.
It is the expressed intention of the Inspector and "Builder" that the indemnity provided for in this agreement is designed and intended to protect "Builder" from the consequences of defects in the property being inspected pursuant to this agreement.
SIGNED this ___________ day of ___________________, 2002
Originally Posted By: Guest This post was automatically imported from our archived forum.
It sounds to me like the builder is afraid he left a rafter out and you’ll fall through the roof. It’s all fine except the exclusion that states he won’t be responsible even if it’s caused by his negligence.
On the other hand the odds of being injured because of his negligence are low for a prudent and careful inspector guy like yourself.
Originally Posted By: pdacey This post was automatically imported from our archived forum.
Chad,
That is part of the reason why I don't have too much of a problem with it. All the agreement is doing is taking the builder out of the equation if I get hurt or if my tools get hurt due to something being not quite right in the house.
We expose ourselves to that risk every day when we inspect houses that are "used", meaning no more builder. It is up to our inspecting prowess to identify potentially hazardous situations before we get hurt.
Originally Posted By: Blaine Wiley This post was automatically imported from our archived forum.
Sign it. Any good lawyer can beat it, just like any good lawyer can beat our pre inspection agreement. I have three builders that have me sign them, and I’m sure more to come.
Originally Posted By: jpeck This post was automatically imported from our archived forum.
When you sign it, tell the builder you’ll give him “special” treatment, and give your report to the building department so he won’t have to worry about arguing any of the points in your report, you will talk directly with the building department., you know, to “save him from going to any trouble”.