randynavarro Posted July 14, 2007 Author Report Share Posted July 14, 2007 Well, I believe Fritz has the straight line on this and as much as I'd prefer to "handle this myself like a man!", I must abide by the rules of the insurance company. I too, am pretty sure that if I don't inform them, they won't be able to help much later if it does get out of control. Fritz, I'm also FREA. My problem is when looking in my insurance file, I don't have any kind of policy manual. I just have a nice folder from them with certificates and a bit of marketing. Do you have an actual policy packet with specific details? Quote Link to comment Share on other sites More sharing options...
homnspector Posted July 14, 2007 Report Share Posted July 14, 2007 Randy, I think I have a copy of the policy, I'll look and fax it to you if you want. I would call FREA at some point and speak to Nigel Bonnie (sp?), he is a very smart lawyer, symphathetic to the target on our backs, and will advise you on how to handle this. He works for FREA (us), not AIG (the ins. co.). I hope you don't have an experience like Mike did (I would swear off all insurance forever). I don't think you will. Then, like Brian says, delete the thread. Quote Link to comment Share on other sites More sharing options...
chicago Posted July 14, 2007 Report Share Posted July 14, 2007 Offer to refund the money on the condition the roofer provides a letter stating the roof issue you should have caught.Are roofers licensed where you are Randy?.My guess is he's full of s--t. Bet you could scare him into fixing it if you play your cards right. Quote Link to comment Share on other sites More sharing options...
StevenT Posted July 14, 2007 Report Share Posted July 14, 2007 You can fight to prove you have no liabability, but it can cost more money and time than it's worth. E&O is expensive enough. Why screw it up? Save it for the big stuff. Make sure you get an unconditional release. If you believe that you did not do anything wrong you still want it to end. Quote Link to comment Share on other sites More sharing options...
John Dirks Jr Posted July 14, 2007 Report Share Posted July 14, 2007 I say stand up and defend yourself. If they take you to court, gather your personal fortitude and your documentation and defend yourself there. There is a chance the judge would decide in your favor. If he does not, file an appeal and get a lawyer. What do you have to loose? Start now by researching the methods for filing an appeal. Quote Link to comment Share on other sites More sharing options...
hausdok Posted July 14, 2007 Report Share Posted July 14, 2007 Hi, Yeah, roofers here are licensed. They have to have a contractors license and I think their bond requirement is $6,000 or something like that, basically 25 - 30% of what's required for a home inspector's pest bond requirement. If I'm remembering it right (I actually almost applied to get a roofer's license during my non-compete period after I sold my franchise), there is no requirement to be tested or to prove to anyone that you actually know how to install a roof. You simply hold a license. Roofers are constantly used here by listing agents (and some selling agents) for damage control after inspections. Most of the time, the roof certs aren't worth the paper they're printed on. I once had a house where my client called me up and was upset that a roofer had given a clear roof cert on a house where I called for repairs. I demanded that all parties meet me there that afternoon. I intentionally got there a little late, to get them stewing. When I showed up I didn't say a thing; just got out of my truck, set up my ladder, climbed up onto the roof, pointed at the client and roofer and said, "Come with me." Once they were up there, I walked them to the ridge, pointed down the back slope at a big old hole in the roof large enough for a racoon to crawl through. Everyone got down, I demanded payment for my wasted time and then I got in my truck and drove off, leaving them all there looking at each other all sheepish like. That roofer will say whatever he wants to and nobody will hold him accountable for it. ONE TEAM - ONE FIGHT!!! Mike Quote Link to comment Share on other sites More sharing options...
chicago Posted July 15, 2007 Report Share Posted July 15, 2007 When a guy comes right out and admits his company never should have covered the thing at that pitch,I say you are of the hook. He is the expert and you are the generalist. Therefore he should be the one accountable. Gets me mad to think Randy should have to suffer for any of this. Maybe we need a million inspector march. What would happen if we flooded the roofer with angry correspondence? Quote Link to comment Share on other sites More sharing options...
John Dirks Jr Posted July 15, 2007 Report Share Posted July 15, 2007 Randy, just relax and wait to see if they contact you. If they do be professional, polite, and state your position. The ball is in their court. Do not move a muscle untill they do. Quote Link to comment Share on other sites More sharing options...
StevenT Posted July 15, 2007 Report Share Posted July 15, 2007 I agree with everyone about standing one's ground. But Randy also stated the he felt his reporting was not up to par and that he made statements that he shouldn't have. Yes, the explanation from the roofer is triple talk and it sounds like he should be responsible. But the bottom line is that if it goes to court or insurance, it will end up costing him a lot more... even if he prevails. If he thinks that it will go away on it's own, Great! But, if it doesn't and he can make it go away for a few bucks, make it go away. Quote Link to comment Share on other sites More sharing options...
randynavarro Posted July 18, 2007 Author Report Share Posted July 18, 2007 The issue has been resolved. I've offered to return 1/2 of the original inspection fee. Fortunately the client remained amicable and was appreciative of my offer. Here's what happend and what I have learned: 1) At Fritz's recommendation I called FREA directly and spoke with Nigel, the attorney. He was most helpful. No claim was necessary and he counseled me that I could handle anything and everything on my own up until the point a suit was actually filed. I am very happy with FREA--I'm not aware of any other insurance company that you can call and get free legal advice without it being turned into a claim. 2) I am a member of Pre-Paid Legal. Unless your're going to get a will written, they really can't help you legally. They were no help and still haven't returned my initial phone call from 4 days ago. I will not be renewing this year. 3) Whatever you write in a report, be 110% sure you can back it up. No if-and's or guessing. 4) When you get a complaint, be prompt in returning their phone calls and treating it with utmost importance. Be pro-active in the resolution. In this case, I genuinely felt bad and concerned these poor folks were having problems with their roof. 5) Be sure you have a good Inspection Agreement. Also be sure the report language is clear on what is covered and what is not covered without loading it full of CYA, robot, legal-eze. 6) I know enough about flat roofs to be in this business, but the reality is that we really need to become experts in all these areas if we really want to stand out and write bullet-proof reports. That takes a lot of work and a lot of experience. 7) I'm $372.50 poorer. Quote Link to comment Share on other sites More sharing options...
hausdok Posted July 18, 2007 Report Share Posted July 18, 2007 Randy, Then next time you run into a flat roof issue, contact Lee Cooley at Action Roofing in Renton. Or is it Redmond? Oh, well, there are two; make sure it's not the Action Roofing in Seattle. Lee is retired but he still does roof consults. The guy is like the god of modbit and EPDM. When it comes to flat roofs, this is the guy who knows more about them than anyone else in the P.S. area. I'm not kidding! ONE TEAM - ONE FIGHT!!! Mike Quote Link to comment Share on other sites More sharing options...
homnspector Posted July 18, 2007 Report Share Posted July 18, 2007 "3) Whatever you write in a report, be 110% sure you can back it up. No if-and's or guessing." Or refer it to somebody else. The lessons I have learned the best are the ones I have had to pay for. Glad it worked out for you Randy! Quote Link to comment Share on other sites More sharing options...
chicago Posted July 18, 2007 Report Share Posted July 18, 2007 They may also have patched in the wrong spot as on flat roofs the water travels horizontally more than a pitched roof. Quote Link to comment Share on other sites More sharing options...
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