Actually, inspectors lose lawsuits for failing to meet a duty of care. That duty is framed with an SOP. Now, what Will states may be true, in that as a minimum standard, we can exceed. The probloem with any standard (of any type) is when one chooses to exceed it in this manner here, and in that manner there, and not at all over there.
This is one way for an attorney to make mincemeat of a defendant HI, who failed to follow procedure uniformly, or without real process or justification.
And this is why one must agree to follow an accepted and recognized SOP for E&O insurance, or agree to follow any SOP mandated by law. Any E&O carrier can refuse to agree to provide insurance in any area where a mandated SOP is too stringent or encompassing; for the more that is mandated within an SOP, the more chance an inspector has to miss something, and thusly fail to meet that duty of care.
Bruce sure you do it’s right here below. One thing I am good at is telling the difference between simple guidance and a procedure. Been doing it for years. By saying the inspector "is not required" to your opening up that he doesn’t have to do it but he can if he wants!! This allows one to exceed the SOP IMO in a court of law.
Robert posted… SOPs seem to be written to allow inspectors to exceed them because they state the inspector “is not required to”; otherwise, they would state the inspector “will not”.
I am trying to express a basic difference in the way different inspectors approach their jobs.
Are we professionals (and expect to get paid accordingly) who think for ourselves and can “think out of the box”, or are we just “technicians” that follow pre-written instructions?
This is a basic difference in the inspector’s mind set and how they approach their jobs (job, or profession?) and how they present themselves to others and how good a job they do.
I agree 100% Joe. If you don’t meet the minimum your setting yourself up for a lawsuit. It clearly states what the minimum is. I also agree if your going to go above and beyond everyone should follow like you said. And that’s why I fee the SOP should be more set in stone rather than simple guidance. It’s two grey right now.
There was one on here the other day where am inspector moved a refrigerator an screwed up the floor, his insurance wouldn’t cover the damage because he exceeded the SOP.
Again…the inspector may do what the SOP say he “is not required” to do…and should modify his standard of practice, accordingly. Further, he and the client should agree to the modification, and he should include the modification in his agreement (hopefully with an additional fee for the additional service).
My dream is to either go one way or the other. If one can exceed the SOP great. However we shouldn’t have a experienced ESOP member and another highly qualified inspector telling the general public that the SOP should be persued in two different ways. Let’s all get on the same page and go one way or the other.
The one I heard about they did process the claim for damaged floor, but under E&O rather that GL, therefore the cost of the floor did not exceed the E&O deductible so they paid zero and raised the premium on the guy.
Insurers calculate risk, using actuarial science, and based upon the numbers determine what insurance premiums they must charge in order to make money. My wife is an acturary and I am familiar enough with the concept (and the math) to understand this.
But, if one goes beyond what is “generally accepted” or the basic standards of practice, they are working to do a better job, and will better protect themselves, the client and the insurance company.
Walking a roof does not exceed the SOP. The SOP requires that the roof be inspected and included in the report. How it is inspected is left at the discretion of the inspector on site who has direct knowledge of all of the conditions that could effect his own safety and the credibility of the report.
Dont’ get the wrong impression. It is precisely because of the way different inspectors approach things and think is why I believe this will be one of those marathon threads that gets down into the low grass before it is all over. I think the subject is long overdue but expect all the nuances of the various personalities to show up.
Bill since you’ll be working in Missouri, an unlicensed State with no SOP or guidelines, all you need to do is quit Nachi and go it alone. Make your own rules. Not trying to get you to quit Nachi, giving you a another choice.
