Litigation Consulting

If you have been faced with problematic construction I am a Construction Inspector and ICC Combination Code Certified. If you have been harmed by a incompetent home inspector that failed to disclose obvious defects and a failure to follow a state standards of practice some buyers believe it is hard to sue their home inspector. That fancy contract may limit some of your claims. However once a home inspector violates a mandated inspection standards of practice, or in other words, his breach of contract is no defense. What you need is a second opinion inspection that is referenced directly back to the Inspection Standards of Practice and/or other established documentation. The top 1% or more inspectors already do this in one way or another in their everyday inspections. Regardless your inspector has an extended liability that would be sought by qualified counsel.

Have you complied with any contractual or statutory requirements that require you to properly, and in a timely fashion, notify the persons you are considering filing suit against? By consulting with an experienced attorney and hiring a construction litigation consultant, a homebuyer/homeowner can know whether to pursue litigation and how to properly initiate the litigation.

Not just anyone can be chosen for this line of work. The court in question must approve the expert’s credentials prior to testimony. We have been called upon on multiple occasions to assist attorneys and their clients in understanding the issues involved in property condition or construction lawsuits. However, any inspection must be arranged and designed from the beginning to determine the scope and purpose. We will provide a separate but required retainer contract for depositions, testimony or expert witness services.

We have experience under the previous Texas Residential Construction Commission as a designated ICC Combination Code Certified - Dispute Resolution Inspector. The TRCC was created to "register" builders and general contractors/remodelers and enforce the established Statutory Warranty and Building Performance Standards and provide required mediation prior to litigation.

Mediation

Arbitration

Dispute Resolution

Case Example - It was impossible to reason with a Texas home inspector that it is wrong to kill his home buyers with carbon monoxide. His reasoning was that The Texas Real Estate Commission allows open flame gas burners on cooking appliances without any means to exhaust the cooking fumes. His claim is that a missing exhuast vent hood is not a deficient condition as it is not listed as such in the Texas Minimum Inspection Standards of Practice. As such, he doesn't have to tell home buyers of the potential safety hazard or alert them as to a missing exhaust vent hood. Not understanding the intent of the inspection standards of practice and national standards due to a lack of credentials is just as bad as operating under a business model where the inspectors real client is not the home buyer. ASHRAE 62.2 proves this inspector wrong as well as the cooktop manufacturer installation instructions.

Could the Agent Be the Fall Guy for the Sellers Lies? National Assn. of Realtors - Realtor Magazine - Click here.....
 

Home buyers may hire inspectors everyday that are not qualified to inspect. click here....
 

Disclose, Disclose, Disclose click here.....
 

Soft sell inspections are not designed for the buyers benefit. Click here....
 

Before considering a claim against a home inspector try to resolve it. No one likes problems. You may also consider a claim against the home seller. If you purchased a newly constructed home, you may have claims for defects against the home builder. Consult your attorney about suits against sellers and other third parties for undisclosed visible defects. The courts will approve the expert witness. We have been called upon numerous times to be an expert witness.

We are not attorneys and do not offer legal advice. We are Legal Consultants, Inspectors and Expert Witnesses.

Houston • Dallas • San Antonio