Wind Mitigation Inspection Agreement

NOTE – THIS IS A LEGAL CONTRACT THAT DETAILS THE RIGHTS AND OBLIGATIONS OF THE PARTIES. PLEASE READ ALL PAGES CAREFULLY

SCOPE OF SERVICES PROVIDED

SCOPE OF THE INSPECTION: The inspection will cover only items listed on the Uniform Mitigation Verification Inspection form, OIR-B1-1802 (Rev. 01/12) Adopted by Rule 69O-170.0155, and is not a full inspection and is not intended to inspect any component in the home except for items on the form relating to stronger methods to resist wind load on the home in adverse conditions. PLEASE REVIEW THAT FORM BEFORE YOU SIGN THIS AGREEMENT SO YOU WILL KNOW THE LIMITED SCOPE OF THE INSPECTION. The purpose of this inspection is to determine if certain procedures have been performed on the home to help withstand adverse conditions. It is not an assurance that this home will be protected or whether it can withstand specific types of adverse conditions. This limited inspection may help you qualify for a reduced insurance rate, but is not a guarantee. By signing this Agreement you understand it is a limited inspection intended only to satisfy the requirements of an insurance company. You also agree to the terms below. Any third parties who rely on the report in any way also agree to all provisions in this Agreement.

CLIENT’S DUTY: The Client understands and accepts that the Inspection and report, in accordance with this Agreement, are intended to reduce, but cannot eliminate, uncertainty regarding the condition of the Property. The Client is responsible for reviewing the permit history and for researching any legal actions or insurance claims involving the Property.
The Client agrees to read the entire written report when it is received and to promptly contact the Inspector with any questions or concerns regarding the Inspection or written report. The written report shall be the exclusive findings of the Inspector. Verbal representations not recorded within the Inspection report are not part of the Inspection.
The Client acknowledges that the Inspector is a generalist and that further investigation of a reported condition by an appropriate specialist may provide additional information on the condition of the Property. Should the Inspector’s report reveal any additional conditions that require further investigation or repair, the Client agrees that any further evaluation, inspection, and repair work needs to be provided by competent and qualified professionals who are licensed and/or certified to perform the work.
In the event the Client becomes aware of a reportable condition not contained in the written inspection report, the Client agrees to promptly notify the Inspector and allow the Inspector and/or the Inspector’s designated representative(s) to inspect said condition(s) prior to making any repair, alteration, or replacement. If the Client fails to so notify the Inspector and fails to allow an additional inspection, then any costs of such repairs, alterations or replacements will be entirely at the Client’s cost without recourse against the Inspector.
LATENT DEFECTS: The Client agrees that the Inspection is not a technically exhaustive investigation or evaluation of every aspect of the Property. The Client acknowledges and agrees that the Inspection and the written report will not reveal every existing deficiency and future condition affecting the Property. The Inspector is not responsible for the non-discovery of any latent defects of the Property or any problems that may occur or become evident after the date of the Inspection. Latent defects of the Property include, but are not limited to: cracking, leaking, surface dislocations, or landslides resulting from, without limitation to, water leaks, land subsidence, or other geological problems. The Inspector is not responsible for any defects that may manifest themselves in the future, any structural failures that may occur in the future, or damages that result from future repairs.
COMPLIANCE WITH BUILDING CODES: Consistent with the scope of the Inspection, as provided in this Agreement, the Inspector will identify items that may present a health or safety issue. However, the Inspector will not provide an opinion on compliance with any particular building code.
INSURABILITY: The Client understands that the Inspection will not determine the insurability of the Property. Insurance companies have different underwriting criteria, and the Inspector cannot be expected to determine how a particular system or component may affect insurability.
ENVIRONMENTAL AND HEALTH CONDITIONS: The Client agrees that the Inspection is not intended to detect, identify, or disclose any health or environmental conditions regarding the Property, including, but not limited to the presence of: asbestos, radon, lead, or urea-formaldehyde; wood destroying organisms, fungi, molds, mildew, feces, urine, vermin, pests, or any animal or insect; drywall that may have been manufactured with contaminated materials (including carbon disulfide, carbonyl sulfide and hydrogen sulfide), polychlorinated biphenyls (PCBs), or other toxic, reactive, combustible, or corrosive contaminants, materials; or substances in the water, air, soil, or building materials. The Inspector is not liable for injury, health risks, or damage caused or contributed to by these conditions.
If the Client wishes to have an inspection for any specific health or environmental condition, that must be covered by a separate addendum to this Agreement.
In addition to the above limitations on the scope of services, the Inspection will not include any engineering or architectural analysis. The report will not offer any opinion about the adequacy of the structural systems and components of the Property.
RE-INSPECTION OF COMPONENTS: In the event that the Inspector is asked by the Client to re-inspect a component or condition that has been repaired, the Inspector’s scope of re-inspection will be limited to the components or conditions identified. The Inspector will not be responsible for any changed conditions in other components or conditions since the date of the original Inspection. Any re-inspection of repaired components or conditions will not determine if the repair is adequate, proper, or compliant with current building codes. Any re-inspection will only determine if visually identifiable deficiencies still exist.
LIMITATION OF LIABILITY
THE FOLLOWING CLAUSE LIMITS THE LIABILITY OF THE INSPECTOR – PLEASE READ CAREFULLY
THE CLIENT AGREES AND UNDERSTANDS THAT THE INSPECTOR IS NOT AN INSURER AND IS NOT WARRANTING OR GUARANTEEING THE ADEQUACY, PERFORMANCE, OR LIFE EXPECTANCY OF ANY STRUCTURE, ITEM, COMPONENT, OR SYSTEM OF THE PROPERTY. THE CLIENT FURTHER AGREES THAT, IF THE INSPECTOR OR ANY OF THE INSPECTOR’S AGENTS, EMPLOYEES, SUBCONTRACTORS, OFFICERS, OR SHAREHOLDERS ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO NEGLIGENCE OR THE FAILURE TO PERFORM THE INSPECTOR’S OBLIGATIONS IN THIS AGREEMENT, INCLUDING THE IMPROPER OR NEGLIGENT PERFORMANCE OF THE INSPECTION OR THE IMPROPER OR NEGLIGENT REPORTING OF CONDITIONS OF THE PROPERTY, THE INSPECTOR’S MAXIMUM LIABILITY SHALL BE LIMITED TO TWICE THE AMOUNT OF THE PAID INSPECTION FEE. THIS LIMITATION SHALL NOT APPLY TO ANY DAMAGES SPECIFICALLY ALLOWED BY STATUTE.
THIS LIMITATION OF LIABILITY SPECIFICALLY COVERS LIABILITY FOR: DAMAGED PROPERTY, LOSS OF USE OF THE PROPERTY, LOST PROFITS, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, GOVERNMENTAL FINES AND CHARGES, PUNITIVE DAMAGES, ATTORNEY’S FEES, AND COURT COSTS.
AT THE CLIENT’S OPTION, A COMPREHENSIVE INSPECTION WITHOUT THESE SPECIFICIED LIMITATIONS OF LIABILITY IS AVAILABLE. A COMPREHENSIVE INSPECTION INCLUDES A CONTRACTOR, ENGINEER, AND ARCHITECT REVIEWING THE PROPERTY FOR A MINIMUM FEE OF $2,500 (REQUIRES QUOTE). A COMPREHENSIVE INSPECTION REQUIRES A SEPARATE CONTRACT.
THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY DAMAGES CAUSED BY THE GROSS NEGLIGENCE OF THE INSPECTOR IN THE PERFORMANCE OF THE INSPECTOR’S OBLIGATIONS IN THIS AGREEMENT.
RESOLUTION OF DISPUTES
Any controversy or claim arising out of or relating to this Agreement shall be resolved through Small Claims Court (or similar court of limited monetary jurisdiction) in the jurisdiction applicable to this Agreement. In the event that the amount in dispute exceeds the jurisdiction of the applicable Small Claims Court, the dispute shall be settled by binding arbitration administered by Construction Dispute Resolution Services, or if unavailable, Resolute Systems, before a single arbitrator using its Commercial Arbitration Rules. The arbitrator shall have at least three years of knowledge and experience in the home inspection industry or similar knowledge and experience in construction. Each party agrees to pay its own costs of arbitration.
Any legal action or proceeding shall be brought in the County in which the Property is located.
ENFORCEMENT FEES AND COSTS
Any party failing to follow the RESOLUTION OF DISPUTES process identified above, shall be liable for all fees and costs associated with compelling or enforcing compliance with the RESOLUTION OF DISPUTES process.
TIME TO INITIATE ACTION
Any action regarding or arising from the condition of the Property and the Inspection and/or the written report must be filed and initiated by the Client no later than five (5) years following the date of the Inspection. Otherwise, the claim will be barred. If the matter is in arbitration, the arbitrator will be bound by the terms of this paragraph as a limitation on the arbitrator’s ability to render an award in favor of the Client.
NO WARRANTIES OR GUARANTEES
The Inspection and the written report are not intended, nor shall they be used or treated by the Client or anyone else, as a guarantee or warranty expressed or implied, regarding the adequacy, performance, or condition of any aspect of the Property. The Client acknowledges and agrees that the Inspector is not an insurer of any inspected or non-inspected conditions of the Property.
RELIANCE BY THIRD PARTIES
The Client agrees and understands that the Inspection report provided to the Client under this Agreement is solely for the Client’s exclusive use in evaluating the physical condition of the property. No representation is made by the Inspector as to the value of the Property.
If anyone other than the Client relies upon the Inspection report, that person agrees to be bound by all of the terms and conditions in this Agreement.
ENTIRE AGREEMENT AND SEVERABILITY OF PROVISIONS
This Agreement contains the entire Agreement between the Client and the Inspector. This document supersedes any and all representations, both oral and written, among the parties. This Agreement may be modified, altered, or amended only in writing and having been signed by both the parties. Any provision of this Agreement which proves to be invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision of this Agreement, and all such other provisions shall remain in full force and effect.


You may not assign this Agreement. If there is more than one Client, you are signing on behalf of all of them and you represent that you are authorized to do so for all Clients and/or intended beneficiaries. The provisions of this Agreement will be binding upon any party that takes title to the Property with the Client or claims title to the Property through the Client.

WIND MITIGATION INSPECTION ADDENDUM
This Addendum is an attachment to the Residential Inspection Agreement dated _____________. All of the provisions of the Residential Inspection Agreement apply to the additional services listed in this Addendum.
SCOPE OF THE ADDITIONAL INSPECTION: The inspection will cover only items listed on the Uniform Mitigation Verification Inspection form, OIR-B1-1802 (Rev. 01/12) Adopted by Rule 69O-170.0155, and is not a full inspection and is not intended to inspect any component in the home except for items on the form relating to stronger methods to resist wind load on the home in adverse conditions. PLEASE REVIEW THAT FORM BEFORE YOU SIGN THIS AGREEMENT SO YOU WILL KNOW THE LIMITED SCOPE OF THE INSPECTION. The purpose of this inspection is to determine if certain procedures have been performed on the home to help withstand adverse conditions. It is not an assurance that this home will be protected or whether it can withstand specific types of adverse conditions.
The Inspector is not responsible for correcting or mitigating any issues noted on the survey form. As a courtesy, the Inspector may offer comments related to mitigation of conditions, but these will not obligate the Inspector to create or implement a mitigation plan.
CLIENT’S OBLIGATIONS: If the Client is the property owner, the Client must comply with the Inspector’s instructions. If the Client is not the property owner, the Client must arrange for access to the Property and obtain compliance by the property owner or occupants with the Inspector’s instructions.
FEE: The fee for the services will be discussed with the inspector. This is in addition to our fee for the home inspection. The fee is due whether or not the occupants comply with testing conditions.

Inspector: Andrew Napier
State License No.: HI14461
License Expiration Date: 07/31/2026