Sue Home Inspector?

[mmb.79]

What is the name of your state (only U.S. law)? Massachusetts

In April '10 we closed on our first home. We used the home inspector that our realtor suggested to us and in the inspection he noted that joists 6, 7, 8 were cracked and out of place, but noted that the main beam (load bearing girder) was OK.

In March '11, we hired a structural engineer to tell us how to fix those joists and what steps we needed to take. He came back to us with a report saying that our main load bearing girder is failing and that it has shifted and twisted out of place, thus displacing the joists mentioned in the home inspection. This is all based on visual inspection by the engineer, in the same conditions in which the home inspector would've viewed the basement.

My husband and I are now facing a $15 - 20k repair on a home we wouldn't have purchased had we known that the main load bearing girder was failing. I feel that this should be covered under the home inspector's insurance but I'm wondering if it'll be that easy.

Thoughts?

 

[John_DFW]

What evidence do you have to prove the main beam was damaged on april 2010 when the initial inspection was made?

It seems reasonable that the damage could have occurred sometime between the two dates, especially since there was a significant passage of time.

 

[AttyHelinski]

I would ask your engineer the nature of the girder fault. He or she should be able to surmise a rough estimate of timing to determine whether or not you may have a claim. Problem is, that when you have floor joists failing, your rafters are less supported, which will place greater pressure on the remaining joists and girder (which is probably why you have the fault). Even if the girder faulted over the past year (I have a very recent memory of shoveling snow off my roof at least twice!), you have a professional liability question as to the inspector's duty to warn of the consequences of the failed joists. But as I mentioned, I would start with the engineer to get more factual detail of the failure.

 

[justalayman]

You really need to read the contract with the inspector as well. It may provide a really good release of liability for the inspector.

 

[dmcc10880]

What evidence do you have to prove the main beam was damaged on april 2010 when the initial inspection was made?

It seems reasonable that the damage could have occurred sometime between the two dates, especially since there was a significant passage of time.

+1 Perhaps OP should have made repairs to the cracked joists sooner rather than later?