Originally Posted By: gromicko
This post was automatically imported from our archived forum.
http://www.nachi.org/adrs.htm
–
Nick Gromicko
Founder
dues=79cents/day.
I much prefer email to private messages.
http://www.nachi.org/adrs.htm
I much prefer email to private messages.
Originally Posted By: ekartal
This post was automatically imported from our archived forum.
How would this work when a site re-inspection may save the inspector?
'Cases are reviewed and mediated via the Internet, including the gathering of statements, contracts, and other evidence.'
Cool idea, but is this procedure legal in all states?
Erol
Originally Posted By: Nick Gromicko
This post was automatically imported from our archived forum.
I can’t answer your first question because this is a pilot project and I’m sure we don’t have any bugs worked out yet. I’m not even sure Joe’s new email works as we just set it up.
I can answer your second question though: In all 50 states and every province in Canada, two parties can agree to have a third party arbitrate a dispute.
--
Nick Gromicko
Founder
dues=79cents/day.
I much prefer email to private messages.
Originally Posted By: jfarsetta
This post was automatically imported from our archived forum.
Yes it is.
Arbitration is a really popular way to settle claims. In PA, if your lawsuit fits within a minimum and maximum threshold, you are automatically remanded to arbitration.
The area where this service can become sticky pertans to those who carry E&O. Typically, the carriers will not want you to do or say anything which could result in them having to pay a claim. As many carriers automatically offer a settlement, rather than litigate, they may be unhappy with the service. You's also need to add a paragraph to your agreement which mandates using NACHIs ADRS as a first option.
This is legal, and if someone were to attempt to bypass this clause, a court would likely inform them that they need to try the arbitration/mediation route first.
Ironically, many people sue over things that WERE disclosed in the report. Folks will sue over almost anything. This service is great in that it is a first line of defense, and costs the inspector almost nothing. It also encourages the client to try this route first, and costs them a mere $45.
--
Joe Farsetta
Illigitimi Non Carborundum
"Dont let the bastards grind you down..."
Originally Posted By: wwarner
This post was automatically imported from our archived forum.
Please explain more.
For one...Is there a cap to the potential reward?
I emailed Joe with some other questions also.
--
Bill
It's only Rock 'n Roll.... but I like it!
Originally Posted By: jfarsetta
This post was automatically imported from our archived forum.
The service is stand-alone at this point. Again, much will be decided on whether you carry E&O and if your carrier allows you to use the service. At some point in the near future, E&O offered to NACHI members (nt FREA or Allen) may require participants to utilize the service, but its premature to talk about that at this juncture.
The beauty of this plan is in its simplicity, and willngness to mediate the dispute by both parties involved. As to caps on awards, that is doubtful. The idea is to present evidence, hear testimony, look at the claim, and try and reach a reasonable setlement or dismiss the case.
--
Joe Farsetta
Illigitimi Non Carborundum
"Dont let the bastards grind you down..."
Originally Posted By: kmcmahon
This post was automatically imported from our archived forum.
All my contracts have an arbitration clause. It’s my state org’s contract which I use. It’s the best way to go, as you know the person arbitrating understands construction and the duties of a home inspector.
Better than a judge that just had to replace his water heater.
–
Wisconsin Home Inspection, ABC Home Inspection LLC
Search the directory for a Wisconsin Home Inspector