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 Associate Editor - TIJ
    
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Rochester, New York Posts: 3182
Joined: Dec, 2003
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Thread Start First Page [#1] Posted: Feb 11 2010 - 3:48:30 PM |  | |
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In a recent decision, the Louisiana courts upheld the one year statute of limitation against suing a licensed home inspector for an error or omission.
To read more, click here.
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Chad Fabry StructureSmart Home Inspection Rochester, NY www.structuresmart.com
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 Associate Editor - TIJ
    
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DeWitt, Mi Posts: 2559
Joined: Jan, 2004
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LA Affirms Only 1 Year to Sue Home Inspectors
[#2] Posted: Feb 11 2010 - 4:10:58 PM |  | |
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Chad, That is a good case to learn some legal language for Louisiana and an encouragement for home inspectors across the nation. However, it is my opinion that no inspector should rely on it for precedent until they can read the entire file.
Sounds like Chance did a "good" inspection and was not released just because of the passage of time. Maybe?
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Les
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Petawawa, Ontario Posts: 176
Joined: Nov, 2009
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LA Affirms Only 1 Year to Sue Home Inspectors
[#3] Posted: Feb 11 2010 - 4:54:50 PM |  | |
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Great read. Great work on his part. Did it sound like he defended himself, or is that me?
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Pain is only a sign you're still alive. airborne |
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Lafayette, Louisiana Posts: 1103
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LA Affirms Only 1 Year to Sue Home Inspectors
[#4] Posted: Feb 11 2010 - 5:09:43 PM |  | |
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Seems to me that attorney Nicaud decided to use the '1 year statute of limitations' to get inspector Chance off of the hook and it worked. I don't know whether the petition was frivolous or whether the foundation was actually in failure one year after Chance's inspection. It's good to see that this new law survived it's first challenge in court. Nicaud, I believe, came up with the language for that law. He has been on retainer for years by the State of Louisiana to represent the Board in legal issues and has attended most, if not all board meeting, so he's well informed of the technical side of home inspections. This puts him in a good position to fight for inspectors. I've spoken with him. He's not another 'Joseph Ferry'. He's shown that he will fight, as would Ferry, but he's also a very nice fella to talk to.
Marc
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"If Guam gets too overpopulated, it might tip over." Congressman Hank Johnson (D) GA |
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