Avoiding Litigation: A Continuing Dialogue

When we talk about what happens to water, we must also consider its adverse effect on foundations. The word foundation serves as a metaphor for everything that is firm and solid, and our clients are naturally concerned about the foundation on which their home rests, So, make sure that you provide them with narratives that inform and educate them about foundations, and be darn sure that you determine whether a foundation is level or not. More damage has resulted from differential settling and unstable soils than from most natural disasters; strange but true. And when you talk about what happens to water, you naturally think about roofs.

Among the commonest of all questions that inspectors are asked is: “How’s the roof?” And that’s a difficult question for any inspector to answer. Naturally, you should have an educational narrative about roofs in general, and ones for specific roofs, which make it very clear that only an installer can credibly guarantee that a roof won’t leak, but when roofs leak inspectors are very likely to hear about it. I spend more time on site inspecting a roof than anything else, and particularly a flat roof, even in the middle of summer. As far as I’m concerned, every pitched roof should only have one layer and be in absolutely perfect condition for me to endorse it, and that includes having a viable drainage system, and I live in sunny southern California. Even when a roof appears to be new, I recommend that my clients obtain documentation that would ensure that the roof was installed with permit and by a professional.

Plumbing has contributed to litigation, but most inspectors are able to evaluate it as well as most specialists. Just remember, when it comes to plumbing, size does count. Let’s consider supply pipes first, and then waste pipes. Obviously, copper supply pipes are the most dependable but, for economic reasons, you’ll be seeing more and more plastic ones. Galvanized pipes should always be considered suspect. Their inner diameter is subject to occlusion by minerals that restricts volume, or functional flow, and plumbers are fond of reporting this before insisting that a residence needs to be re-piped. So always test the functional flow, and never categorically endorse galvanized pipes. My computerized report-writer will not allow me to do so, and I actually demonstrate any reduction in flow to my clients, and allow them to decide whether it’s mild or moderate, and I always recommend a second opinion. As for waste pipes, the age of the house will speak volumes. If they are a modern ABS type, you can relax a little, although some were made with defective polymers and have been litigated. Nevertheless, inspectors should put every trap under pressure, observe the draw, check for leaks, and they should never endorse a sewer main. I have multiple narratives that recommend having a sewer pipe video-scanned for a variety of reasons, ranging from the age and type of the pipe, its distance from the street, its proximity to mature trees, and even a narrative that prints automatically that remind my clients that I cannot endorse what I cannot see, and that only a video-scan of the main sewer pipe would confirm its condition. Most people are reasonable and rational, but don’t count on it.

Whenever I evaluate electrical panels, I put my personal safety ahead of everything else. I won’t even touch a panel without making sure that it’s not energized. I also tend to remember an inspection that I did years ago when I was still a novice and using hand-written check sheets. The main panel was such a mess that I was having a difficult time distinguishing wire sizes and seeing where they attached, etc. So I wrote that the panel and all other electrical components needed to be evaluated by a licensed electrician, because the wiring was not only too sloppy for me to evaluate but indicated sub-standard workmanship. This included the wiring to a portable spa, which had been added and did not respond to the controls. Within a few weeks, I learned that a handyman had been electrocuted while attempting to re-wire the spa. Decent people don’t need to be reminded that electricity kills, and there is no excuse for a panel not to be wired neatly, and no reason to endorse one that isn’t. I realize that the National Electrical Code is not retroactive, but if something does not meet the latest code, including something a simple as an ungrounded outlet, it’s a safety-hazard as far as I’m concerned that needs to be corrected. I’ll finish by saying a few words about heating and air-conditioning.

For years, I didn’t use any specialized instruments, or give any detailed information. Then I was forced to learn a few lessons the hard way. Now, I no longer rely on standards that disavow an evaluation of combustion chambers. Instead, I take the time to remove the flame covers and heat up combustion chambers, after which I turn off the heat and use a fiber-optic probe that allows me to see inside most combustion chambers and recognize anything that might resemble a crack. Remember, a crack can facilitate the production of carbon monoxide, the silent killer, and you don’t want a death on your conscience. In addition, I give detailed information about the equipment, including the manufacturer, the age, and the design-life of various components. As a consequence, my inspection is probably more stringent than those of HVAC contractors, if only because I also crawl around in attics, and I’m very conscientious about identifying and evaluating ducts and anything through which air passes. Regardless, every one of my reports cautions my clients that the Consumer Products Safety Commission has confirmed that indoor air pollution rates fifth among the leading contaminants, and that it is the client’s responsibility to test air-quality, and not mine.