THE LEGAL SIDE of INSPECTION REPORTS
Bob Blochinger
The floor covering inspection industry offers classes on report writing; however, they don’t dive into the legal side and the use of descriptive words as adjectives. Inspection reports that use adjectives or emotional-based words are open to interpretation by the reader and can inflame factual comments. There are also phrases that leave a “reasonable doubt” about the conclusion, so caution is needed. The following is a short list of items to reconsider NOT using in reports. I came across these when asked to review others’ work as a third-party reviewer of 2 reports that offer opposite conclusions.
Unfortunate This is a descriptive word that leaves a wide- open door for interpretation for the reader. Asserted Product Is Defective What exactly does this mean? Were there any physical tests performed or just visual and stated based on the opinion of previous inspections of similar products? Raises Suspicion Is there any factual physical evidence to make this statement? Comprehensive & Independent Lab Testing When using this phrase, support your statement by listing the ASTM tests that are applicable. Subfloor Or Substrate There is a difference between these two physical descriptions. A substrate is a topical covering on the subfloor, a structural item. Destructive Testing Is this a simple removal of molding or demolition of a flooring product to review the substrate, installation process, and materials?
Observation Suggests The word ‘suggests’ leaves room for interpretation that may or may not allude to a conclusion by factual work. There are many other examples, but the idea is not to use them within a report that is from a 3rd party because that just might go legal. Lawyers use a factual report to present the argument; at that time, they add adjectives to further their case. Using adjectives in an inspection report allows the opposing Lawyer to break it down and possibly have you impeached as an expert witness.
12 Premier Flooring Retailer TISE | 2025
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