For a windstorm inspection he did back in 2009 on the old two page form. He marked clips on the report. Three years later a re-inspection was done and the inspector found straps with no nails and now the credit is reduced to toe nails (none). The homeowner is suing for $5000.00 and will probably win.
This inspector has done thousands of wind mits with no problems until this one. It only takes one miss.
What does the homeowner expect to get, he wasn’t eligible for the credit when the mistake was made and he still ain’t.
All the inspector has to do is show how many times the damn forms along with the definitions and criteria has changed as well as what constitutes a clip, strap, toe-nail, as hip roof, etc. etc, etc. The whole WM program has been a cluster flop since the start. The power to be in FL who dreamed up this goat roping scheme realized it after wasting millions of taxpayers dollars and bailed out of it like a burning airplane
I am sure if he ends up paying he can think back on and reflect how all the numerous hot, nasty inspections for the chump change per inspection really paid off. A lot of work for nothing only to lose all of his profits and then some just to appease the insurance industry’s desire to limit their exposure.
The homeowner expects to be compensated for the failure to report correctly in the first place. I agree that he never should have gotten the discount on this one. He will either claim that “I never would have bought the home in the first place had I know” (if it was a purchase) or “now I have to pay more and it your fault and I want to be paid for your mistake.” Either way, the inspector is going to loose on this one.
**And who many inspectors are out there just like him? A lot. I do not know what he charges. The whole point of my post was to point out that lawsuits will be coming out of these inspections. Anyone who has done a lot of these most likely will have a mistake on one or two of them. This one is going to come back to bite this inspector. All depends on what the mediator and / or courts feel is a justifiable settlement.
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http://www.therealstevegray.com/wp-content/uploads/judge-judy.jpg
Sounds like a job for Judge Judy. :lol:
For a straight up Wind Mitigation for an existing homeowner - I can’t see how the homeowner would stand a chance to win that one.
Given that to win damages you have to demonstrate that it actually cost you money or some other harm - Since the homeowner benefited from the mistake and was not harmed in any way, there would seem to be nothing for him to claim as damages.
Now, the underwriter could demonstrate damages in the form of lost premium revenue…Oh, no, Mr. Bill! …
If what you say is all the substance of the law suit, it has no merit. The defination of a Clip has changed.
On the two page form it was defined as:
“Metal attachments on every rafter/truss and nailed to one side(or both side in the case of a diamond type clip) of the rafter/truss and attached to the top plate of the wall frame or embeded in the bond beam.”
There was No number requirement for the number of nails. If there is no nails visible on the sides of the attachment, it does not rule out a nail in the top side of the truss. In older homes, it was not uncommon for a metal attachment to be attached to the top plate on both sides of the truss, wraped over the truss, a nail placed in the top side of the truss.
In addition, the Sannibel attachment has NO NAILS in the truss and it qualifies as a double wrap.
Another Dade County Frivolous lawsuit!
He is being sued for professional malpractice.
Any homeowner could make the argument that if they knew they did not qualify for discounts they would have sold their home. Any buyer could make the claim that they would qualify for discounts and that is how they were able to buy the home.
Since the homeowner benefited from the mistake and was not harmed in any way, there would seem to be nothing for him to claim as damages. Not entirely true. Those discounts may have allowed him to stay in his home. Without them he can make the case that he would not be able to make his mortgage payments. If they were done right in the first place he would have had the opportunity to make changes. Insurance is driving people out of their homes. They will do anything for extra cash. Unfortunately, in this case, the inspector may wind up loosing some money. And if he wins this case, it will open up the opportunity for every other homeowner of a report that was not written correctly to sue.
As a side note, I hear it all the time that homeowners cannot afford another $200.00 per month when they get their increases either through renewals or the re-inspection program.
Thanks for illustrating my point in my earlier post…apparently I was not clear enough for some about the definitions of elements and components being constantly changed. Having put up a lot of hurricane clips in the past, I never did manage to ever get one to stay put without putting at least one NAIL in it. How the hell can someone say a clip does not have a nail in it just because they can’t see it. You can’t lick the damn things and stick it up there. this is just more nebulous bs from the insurance companies to get out of giving discounts and a whole ****load of willing accomplices in the form of inspectors.
Is it a Home Inspector being sued, or a Contractor?
The two page required a contractors signature. Home inspectors were not licensed nor were they permitted to sign the form.
Something doesn’t smell right…
The fact that it has never been practice to check every truss(it usually can not be done), he(the inspector) just has to prove that were he did look, his report was correct. If he does that he will be off the hook before it gets to court.
Does everyone wish they took pictures on all of those old wind mits now? I do not because I did, and they are in my reports, each and everyone.
Anyone can sue anyone/thing for the cost of the filing fee. As a judge friend told me, what are the damages. The chances are good of being sued in this state, for a person who has lived a full life . If your in business, incorporate, and keep a high standard of honest hard work. This is a great country, that is why there are juries etc…
Excellent point! Back when I did WM the photos I took proved exactly what was in my reports, nothing more, nothing less.
This post nails it (pun inteneded)
If this were happening to me I can promise you the homeowner would be staring a counter law suit right in the face. Because right after his case was thrown out I would counter sue for damages and slander considering that inspector’s name is going to be ruined and will no doubt cost him his ability to make a living in this current profession.
From my experiences, Damages have to be demonstrable. If only alleging suppositions and “what if” scenarios, the case will never get to trial.
Also from my experience,
Counter Claims, of this type, filed by a Business generally do not prevail. Client can make claims, businesses respond to claims…
Judges view this type interaction as a cost of doing business and usually side with the customer.
The thing you have to remember is… This is Florida, unless the home inspector is a complete fool there is usually not too much to sue for, our homes, primary transportation & retirement accounts are exempt from lawsuits… That’s why OJ moved here after beating his murder rap in California.
Bottom line… This guy might even win his lawsuit, of course the real problem is in collecting. 
Maybe the inspector should call Joe Ferry, after hearing him talk at the conference this this just the kind of BS law suit he loves dealing with.
Update: Home inspector lost the case and had to make a settlement pay out. For those of you who think you are invincible, think again,.
Do you have a case number? E mail it to me.
The inspector was probably advised that it would be cheaper to settle than to try and defend himself. The 5K-10K lawsuits are noting more than again, extortion.