What If the Inspector Misses Something?
If an Adelaide building inspector misses a defect that was visible on the day of inspection, they may be liable under professional indemnity insurance. AS 4349.1 reports document what was visible and accessible - the standard explicitly excludes hidden defects. Successful claims against inspectors are rare and typically only succeed where the inspector clearly missed something they should have seen. Document everything and consult your solicitor first.
The AS 4349.1 limitations clause matters
Every AS 4349.1 report includes an explicit limitations section. The inspector states what was inaccessible (sub-floor with restricted access, roof void with no manhole, areas behind permanent fixtures or vegetation).
If a defect was in an area declared inaccessible, the inspector hasn't 'missed' it - they explicitly noted they couldn't inspect it. Read the limitations carefully when you receive the report.
What constitutes a 'missed' defect
Genuine miss: defect was visible from accessible areas on inspection day, AS 4349.1 scope clearly required it to be inspected, but the inspector didn't note it in the report.
Not a miss: defect was hidden, in inaccessible areas, or became apparent only after the inspection (e.g. storm damage, ongoing deterioration).
Not a miss: defect was noted but you didn't read the report carefully. Inspectors are professionals; their job is in the report, not in interpreting it for you.
Inspector professional indemnity insurance
Every inspector in our network holds current professional indemnity insurance. If a genuine miss is established, the insurer indemnifies the inspector for the legitimate loss.
Coverage varies. Insurance excludes deliberate misconduct, work outside the inspector's licence, and inspections that don't meet AS 4349.1 scope.
How to pursue a claim
1. Read the report carefully, including limitations. Confirm the defect was within scope and not noted.
2. Document everything: photographs, dates, the original report, evidence the defect existed at inspection date.
3. Get a second AS 4349.7 inspection from a different inspector. Their assessment is independent corroboration.
4. Speak to your solicitor before contacting the original inspector. The legal route depends on the size of the loss and the documentation strength.
5. If informal resolution fails, the SACAT tribunal handles consumer building disputes. SACAT proceedings need expert witness evidence (often from the second inspector).
Realistic expectations
Most defects discovered post-settlement are not inspector misses - they're conditions that have developed since the inspection, defects in inaccessible areas, or items that were noted in the report but overlooked by the buyer.
True misses are rare and time-consuming to pursue. The realistic recovery is typically the remediation cost, less any contributory factor (e.g. you should have read the report more carefully).
The best defence is comparing three quotes and choosing an experienced inspector, not after-the-fact remedies.