Inspectors Mistake

 
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Old 06-17-2008, 05:55 PM   #1
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Inspectors Mistake


I don't know if any of ya'll have run across this before but i thought i would tell you a good one.
well today i got a call about a water leak under a new house. when i got there he showed me where to get under the house, well the access door to the crawl space was 16x24 now this is a 2 year old home. when i got under the house i told him to cut the water on in all sinks and tubs. when he did water went everywhere and soaked me. when i found where it was coming from i was really surprised, they have never hooked up the tub drains, the water was just pouring out onto the ground. this has been going on for 2 years. he is the only one that lives there so he never heard it hitting the ground because he was the one always taking the shower. he had company over and thats how he found out. well i called the building officials office and got a call back from the head building official, i explained to him what the problem was and asked him if he new who inspected it. well he got a attitude with and said it was him. i asked him did he normaly let things go like that because he will never let us get by with anything. he told me that i ought to come and do there inspection for them if i wanted to crawl under the houses and check things like that. well i just let it go because i do have to work around him. not only was the pipes not hooked up but the access doors where not to code and all of the vents for the crawl space where in backwards and not able to open or shut.
well enough complaining i just thought it was kind of crazy that the lead inspector would let it go and he told me he was not responsible after a year after final inspection. come on the drains where never hooked up how could this not fall back on him and the original plumbers.

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Old 06-17-2008, 06:19 PM   #2
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Re: Inspectors Mistake


...You better make sure all your T's are crossed and your I's dotted on every inspection you call for untill he retires....
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Old 06-17-2008, 06:28 PM   #3
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Re: Inspectors Mistake


The builder was probably his buddy and the inspector probably did and over the phone, wink, wink, inspection. That or he was to lazy or to fat to crawl under the house.
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Old 06-17-2008, 06:30 PM   #4
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Re: Inspectors Mistake


Public building inspectors are exempt from errors or ommissions in the course of their duties and as public officials, they have "Soveriegn Immunity" for liability issues down the road or in the instantaneous circumstances.

Since they are not in charge and control of daily oversight of the project, they are not considered the liable party, wheras, the contractor who did the faulty work could be held liable years down the road, even after and statutory or written warranty period has expired.

I would make sure you buy that guy some coffee and doughnuts the next time you expect to have him come out and do your inspections.

Ed
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Old 06-17-2008, 06:42 PM   #5
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Re: Inspectors Mistake


Liability is on the Builder. In CA builder is liable for 10 years. I have had many inspections where the inspector never checked final tub tie in. Only did main water test and check for access doors and expects plumber to tie tubs correctly. After all plumber would be liable. Not a good thing to call him out on it if you work with him regularly.
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Old 06-17-2008, 07:04 PM   #6
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Re: Inspectors Mistake


well he isn't one of my favorite inspectors and as long as i do my work to code he has no reason to fail any of my inspections. i have had to even bring out the code book a few years back because he was trying to tell me i couldn't do something that way and i was going to do it the way he says. well he lost, i went by what the codes said i could do, not what he wanted me to do. i rarely have any problems with them because i try to do the work as the code calls for and I'm always there when they inspect my work so if there is a problem i will fix it then and there. the moral of the story was that i thought it was crazy he would allow so much to pass when it was apparent that it shouldn't have.
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Old 06-17-2008, 07:07 PM   #7
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Re: Inspectors Mistake


I watched at least a dozen "inspections"
in my son's subdivision, electrical, plumbing,
frame, and final.
Inspector pulled up, went straight to the
garage, signed off, and back in the car in
under a minute.
If you couldn't find 15 violations in each
of those houses you'd have to be blind,
stupid or both.
Big builders (these guys are part of KB now)
just get a complete pass here.
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Old 06-17-2008, 07:37 PM   #8
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Re: Inspectors Mistake


Quote:
Originally Posted by Ed the Roofer View Post
Public building inspectors are exempt from errors or ommissions in the course of their duties and as public officials, they have "Soveriegn Immunity" for liability issues down the road or in the instantaneous circumstances.

Since they are not in charge and control of daily oversight of the project, they are not considered the liable party, wheras, the contractor who did the faulty work could be held liable years down the road, even after and statutory or written warranty period has expired.

I would make sure you buy that guy some coffee and doughnuts the next time you expect to have him come out and do your inspections.

Ed

Not in all states,and in Illinois, they're not always immune (inspectors won't tell you that), if their actions are willful and wanton or negligent in a manner that rises to willful and wanton they can be sued. A pattern of negligent inspections, allowing their "buddy" to do work not meeting code, taking bribes to pass work not meeting code, etc. You can also get them for civil rights violations (Federal) for, searches without warrants, due process violations, etc. Most inspectors think they are immune, I've been pleased to prove them wrong.


For example, say in the in the original post, that several house have problems and it was found out that the inspector took bribes and didn't inspect the homes, he and the city can be sued and you'd have a very good chance of winning. You usually end up having to take to a higher court though.

.
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Last edited by mickeyco; 06-17-2008 at 07:39 PM.
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Old 06-17-2008, 07:46 PM   #9
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Re: Inspectors Mistake


You are absolutely correct with the additional wrong-doings you mentioned MickeyCo. I only was referring to them being immune from doing a normal inspection, which does not require them to be clairevoyent regarding irems that they are not in control of.

It also allows for them to be lazy and negligent, if I understand correctly, but not willfully negligent or doing improper and illegal actions as you stated.

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Old 06-17-2008, 11:11 PM   #10
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Re: Inspectors Mistake


Many cities are now "contracting" the inspectors, simply to escape liability. I flat out told an inspector I would sue him and the city if he failed an inspection based on his "opinion", meaning he better be prepared to give a deposition, describing how his "opinion" was of greater value then a sealed engineer's specs......well, he quit. The next inspector passed it without comment.

I fully intended to sue, and seek compensation per day for stopping the job. I was told the municipality was exempt, but my attorney disagreed, and said the inspector was not "shielded".
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Old 06-17-2008, 11:15 PM   #11
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Re: Inspectors Mistake


Good point.

Independant subcontracted inspection firms and their inspector employees are NOT public officials and are not exempt.

Ed
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Old 06-18-2008, 12:02 AM   #12
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Re: Inspectors Mistake


See "crane inspections" and "new to prison system".
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Old 06-18-2008, 12:17 AM   #13
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Re: Inspectors Mistake


You are referring to the payoffs though. That would not be exempt.

Ed
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Old 06-18-2008, 10:43 PM   #14
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Re: Inspectors Mistake


The home owner called the inspector today and had all!! of if his problems taken care of. the contractor didn't like it but he had to renburs. the home owner for or fee's and fix all of the problems or sustain a fine for not conpling to the codes
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Old 06-18-2008, 11:43 PM   #15
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Re: Inspectors Mistake


You realize you have opened a can of worms and will never be able to put the lid back on? Unfortunately if it wasn't you it could have very well been some other poor guy.

I think your best approach would have been to diagnose the issues, summarize it to the HO, bill for and get paid for repairs he wants and let him call and deal with the inspector.

So...from here on out make sure every nail is properly set and not one thing is out of line, cause if it is he won't wait around while you just fix it...he'll fail you and tell you to rebook another inspection along with a reinspection fee and if you call it in for the next day he will probably roll in around 3:30 in the afternoon messing up your whole day.

There are several ways to deal with inspectors...yours was just wrong - you basically walked up and spit in the inspectors face

J on the other hand has a current stamped drawing by a S.E. who can override a local inspector everyday of the week...Go for it J, that guys going to become unemployed really fast. Locally here inspectors show up, look around more for interest then anything, get a copy of the S.E.'s report and carry on.
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Old 06-19-2008, 02:25 PM   #16
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Re: Inspectors Mistake


actually Chris i don't believe my way was wrong the customer house i went to was a good friend of mine and i didn't become hateful with the inspector. shouldn't he do his job just as i should? the home owner doesn't know anything about construction and that was the main reason i called, i did tell him he needed to call since he was the home owner. I hate to see people cheated out things when it should have been acceptable to begin with. The inspector called me and actually apologized for not being on top of things. I have a good reputation in my area for doing good work so if i see something done wrong i will let someone know about it. some of these contractors and inspectors will let anything go so they can close on the house and start on another one.
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Old 06-19-2008, 02:41 PM   #17
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Re: Inspectors Mistake


Quote:
Originally Posted by Ed the Roofer View Post
Public building inspectors are exempt from errors or ommissions in the course of their duties and as public officials, they have "Soveriegn Immunity" for liability issues down the road or in the instantaneous circumstances.

Since they are not in charge and control of daily oversight of the project, they are not considered the liable party, wheras, the contractor who did the faulty work could be held liable years down the road, even after and statutory or written warranty period has expired.

I would make sure you buy that guy some coffee and doughnuts the next time you expect to have him come out and do your inspections.

Ed
I'm really fond of this too.Again ,it's never the states fault,it always falls back on us.It's a joke.The ones with the most money usually win.
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Old 06-19-2008, 03:44 PM   #18
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Originally Posted by threaderman View Post
I'm really fond of this too.Again ,it's never the states fault,it always falls back on us.It's a joke.The ones with the most money usually win.
You'll notice that architects are never
responsible for their mistakes either.
You and I are supposed to catch them.
says so right on the prints and in the specs.
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Old 06-19-2008, 03:50 PM   #19
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Re: Inspectors Mistake


Quote:
Originally Posted by neolitic View Post
You'll notice that architects are never
responsible for their mistakes either.
You and I are supposed to catch them.
says so right on the prints and in the specs.
I have proof in writing that this statement is false.
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Old 06-19-2008, 04:27 PM   #20
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Re: Inspectors Mistake


Quote:
Originally Posted by KillerToiletSpider View Post
I have proof in writing that this statement is false.
Every set of prints and specs I've
ever seen.
I have no doubt it's been challenged
in court before. And I hope they've
been hung out to dry.

You ain't a callin' me a liar
are you Pilgrim?
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Last edited by neolitic; 06-19-2008 at 05:19 PM.
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