Expert: John McKenna, CMI - 1/1/2008

Question
QUESTION: I purchased my home, a turn of the century home (built 1907), 3 almost 4 years ago. My problem is I have been told by a contractor/restoration specialist I inquired with to remodel the kitchen and to assess a bowing wall, the there is not sufficent support in the support beams. I know want to know if I can go back to the Home Inspectors I hired, I hired not the real estate agency, to recoup my fees paid or if I can go for repair costs.  
The basement is open to the beams above and I walked through this area with the inspector. He stated everything was satisfactort, that there was nothing on the home inspection report indicating this structual problem. There are cracks all along the walls now on this side of the home, were the restoration specialist/contractor pointed out the structual defect. What is my recourse, am I just stuck with this big fix now? The fact that he completely missed this? Should I call them back and insist they came back out!! And is there a time limitation?
Please advise.

ANSWER: Depending on your local area, there may be a certain limitation to how long an inspector can be held liable for their inspection report.  If your state requires a license, then you can check with them to find out more details.

You may want to get a second opinion, by a qualified Professional, who has no vested interest in making a profit from any repairs.  It is always good to seek advise from someone who has no plans on seeking a profit from the repair work.  Sometimes you will be surprised at the various opinions and prices you will get from different people.

Always seek advise from someone who is certified and qualified in that area of construction and is willing to put their report in writing (along with their license number).  You may need the services of a structural Engineer, based on the type of problem that you have described.

Good luck and I hope this helps you.

Thanks,
John McKenna, CMI
Certified Master Inspector
American Home Inspection
& Thermal Imaging
http://texas-inspection.com

---------- FOLLOW-UP ----------

QUESTION: John, thank you for the quick respsonse. I have received several review/estimates for the kitchen remodel I intend on doing. All 4, did state there would need to be more/better support made at this location. The last contractor I had thru my home, this restoration specialist, was the one who took the time to show me specifically what is wrong and needs attention, more sooner than later.
The inspection firm I hired, has a structural engineer in their firm. He was not the inspector who came out to my property though. They charge $100/per issue when coming out to review a suspected problem. He was recently on a non-profit local home show stating this. I shouldn't have to pay for this since their firm completed the inspection, correct? And my next question is, are they liable? There's insurance for this right?


Answer
Like I said before, it depends on what the requirements are in your state.  Some states require insurance and licensing for home inspectors and some states require nothing.  There are different state laws about how long an inspector is liable also.  Unless you get a written opinion of the defect that the inspector did not document, then you have no evidence to submit about your complaint.  

If you make the repairs before you document your complaint, then you may have no proof to show the original problem.

I suggest you contact a qualified attorney asap.

I hope this helps you.

John McKenna, CMI
Certified Master Inspector
American Home Inspection
& Thermal Imaging
http://texas-inspection.com