I am just wondering if there is a time limit for a client to file a claim or lawsuit against an inspector if they feel the inspector missed a defect at the time of inspection?
Check your agreement. The NACHI default agreement says one year I believe. Doesn’t mean a judge won’t allow it to proceed though.
Depends on your state, agreement, or… … …
The Florida Statute Of Limitations is four years for example.
This would be in Oklahoma.
Time also requires proof that the “defect” was actually present and visible at the time of inspection. Each state is different, but the interNACHI agreement states that the inspector should be notified within 14 days of discovery of an issue that should have been observed and reported. Time is of the essence in reporting and trying to make claims.
The inspection was a year ago but client claims they just became aware of the problem now.
Anyone can sue anyone at any time if they like. Your agreement can have whatever clause you like but it doesn’t change that fact. If someone doesn’t like what the agreement says, they’ll just (try to) go around it.
So what is issue they are claiming?
It varies from state to state.
I belive in OK you have a three (3) year limit of liability. The state requires you to maintain 3 years of past reports on all inspections and a log of names and addresses for five(5) years for all inspections.
As Jim said, it varies from state to state.
Welcome back to our forum, Andrew!..enjoy participating.
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So they claim that I missed damage to the roof. I inspected last year and the roof was in good shape with no visible damage to the roof material or decking. She said this past week was the first heavy rain that she has had since purchasing home and damage was not evident until now. She also claims that there is damage to the decking as well. I know for a fact there have been several heavy storms and hail that have moved through that area in the past year and would bet she suffered hail and wind damage since last year. I am not too worried about a claim since I know what the condition was last year and have photos to prove it, just mainly wondering if she could even try to file a claim since its been a year.
As stated above, anyone can file a claim, but time and pics are in your favor. Consider a counterclaim for time and expenses should they file.
Did she ask for money or is she just complaining?
If she is just complaining ask your insurance company or lawyer to help you fire off a letter to make her go away. Your inspection is a snapshot in time, not a warranty of any kind, does not predict future performance and conditions do change. I would not take this lightly, she might be fishing for a new roof.
Right now she is just complaining. She has not given me any evidence of damage or asked for anything. She just said she had several people tell her the roof should have failed the inspection and that she is a teacher who can’t afford to pay for the repairs that she has been told her insurance won’t cover it and that she was told up to $15,000 to replace or $5,600 to hot patch it and then at the end she just asked me to go over my photos because she feels that I left things out of the report. She has not given me any written documentation or photos to back up her claims. I believe she is just trying to get me to admit fault and pay for damages that are not my fault.
Do you have E&O insurance? If so, this would prompt me to contact them asap. Let their claims intervention take over. No reason for you to review your report or respond to that statement…she has the report and it stands as is.
But, I would respond to her. I would tell her that you received her information and it is under review.
At this point that is basically all I said to her. I will be contacting my insurance carrier tomorrow. I appreciate all the feedback and advice from everyone.