Okay, Nate…
Bring it on.
First off, please answer my question. Are you an inspector, do you own an inspection company, or does Mom hold the business and purse strings. For all your pontification, I think you are more akin to a used shoe salesman. But, hey, that’s just my opinion.
Through the years, InterNACHI has had the dubious displeasure of dealing with all sorts of scumbag sales reps. Some are opportunists, who see this message board as an means to an end: free marketing to thousands of those who should know better. You have been selling your wares around here for about 5 minutes. You never lived through the lies, false promises, criminal behavior, and outright dishonesty we have all endured.
And yet here you are. An expert in all things Thornberry.
As to your absolute bull**** analysis of exceeding an SOP bringing more potential liability, you are incorrect. The SOP is the minimum acceptable standard for performing a home inspection. That does not mean that we all do not exceed the standard. However, when we do, we had better be DAMNED sure that we have not created exposure. This is especially true when it comes to InfraRed. How many tomes have inspector’s suggested that the camera allows them to “see” behind walls. Is this a marketing ploy, fraud, or what?
Regardless, the net result in the hands of the wrong inspector or before the wrong client, is a potential lawsuit. When the adjustor asks you which SOP you follow, the next question, one of contractual consequences, comes down to whether you did what your contract called for or not. It also ties back to what is implied through your advertising.
Once the inspector exceeds the SOP, he can never go back and state that what he did was not required. The blade cuts both ways. We arbitrate and mediate many cases against inspectors. The question always comes down to the SOP, the Report, and the Agreement between the parties. Process is also, and perhaps, the key element in mitigating risk.
Infra-red is a great tool. There are lots of great tools out there. How and more importantly WHY the technology is applied is key in defending why one may have still missed something when using this new technology. So, you cant just say that exceeding an SOP is meaningless when it comes to litigation.
I work primarily with contracts all day. Underperforming contractors, unforseen site conditions, Architects, Engineers, Liability, and E&O. All day. Every day.
I see litigation and threats of litigation daily, help prepare everything from briefs to answers to congressional investigations and inquiries, to bids and protests. I deal at the state and federal levels, aside from running my HI and arbitration businesses. In some instances, I am the one who threatens litigation.
I know more than a little of what I speak. I have also been helping to protect our members for YEARS.
What have you done recently for this org, aside from trying to make a buck under the guise of helping inspectors to “market”?
Go ahead. Write another book. Many are starting to question things like why they were suckered iinto paying hefty shipping charges, when a reasonable (and typical rate) is what InspectorOutlet is charging?
How much does your book weigh?