Speaking of being stiffed...

[pls7809]

A surveyor buddy of mine emailed this situation to me, I've changed the names to hide identities:

Any input would be appreciated?

(begin Quote)
" talked to XXX about this but I wanted to get everyone’s opinion and to determine what options I have. I had one of those troublesome final maps in the City of XXX for parcels that were adjacent to the XXX River. It went through numerous checks and arguments with the city map checker but finally on the last check he wants us to set some cross ties in a couple of intersections and the map would be approved. In the mean time we had done some construction staking on the site and set all the property corners. I got a phone call from my client, an engineer, stating that the original owners were selling and that a new owner was taking over the map. I rang up a bill of about $XX,000 and the new owner us only willing to pay me a total of $2500.00 to finish the final map, consequently I said no and wrote a letter outlining all the work that was done and the work to be completed and that I would settle for a little more then half of the original fee.

I get a phone call a couple of weeks ago from a surveyor who told me that he was hired to finish the final map. I told him (the new surveyor) that they owed me $XX,000 and that if they didn’t pay me why are they going to pay him. I also told him that this was the one thing I can hold over there head in order to get paid (although I do have a lien on the property). (The new surveyor)'s fee I understand will be $X,000.00 to finish the map. I already set the monuments except for those crossties mentioned.

I searched the LSA and SMA trying to find a provision that I can be released from being the Surveyor of Record only if I sign a letter stating such, but the only thing I can find is the following from the map act:

66498. In the event of the death, disability or retirement from

practice of the engineer or surveyor charged with the responsibility

for setting monuments, or in the event of his refusal to set such

monuments, the legislative body may direct the county surveyor or

city engineer, or such engineer or surveyor as it may select, to set

such monuments. If the original engineer or surveyor is replaced by

another, the former may, by letter to the county surveyor or city

engineer, release his obligation to set the final monuments to the

surveyor or engineer who replaced him. When the monuments are so

set, the substitute engineer or surveyor shall amend any map filed

pursuant to this division in accordance with the provisions of

Sections 66469 to 66472, inclusive. All provisions of this article

relating to payment shall apply to the services performed by the

substituted engineer or surveyor.

Do you know of any other provisions that I overlooked?

Anyway my goal is to make it very tough for anyone to finish the map except for me and I am not finishing it until I get paid. I have not talked to the map checker yet to explain the situation but I wanted your ideas first." (End quote)

I did see Board Rules 404.2(c) had a similar provision as the SMA...but any additional info you might have would be helpful to my buddy.

Thanks.

[E_Page]

Your friend may be on the hook for filing an RS if the PM doesn't move forward, but I know of no law requiring him to file the subd map.

As to assigning responsibility, or another surveyor picking up where another left off part way through a project, I've seen it happen several times at larger firms with regular turnover. LS Smith, working for ABC Engineering is the project surveyor and may get as far as having some or all of the irons set, but then is offered an opportunity at XYZ Geomatics where he takes a job as the director of surveying.

LS Jones, still at ABC, is left with all of Smith's backlog. Being a good employee (defined as one too afraid of losing one's income to challenge the legal technicalities which may be violated by the directives of one's engineering masters), dutifully sets the remaining irons, finishes and files the map under his own license. Not sure what law allows this, but I wouldn't be surprised that it exists.


As to the financial and title aspects involved. Even if the other surveyor completes the map, and even if the County allows it to be filed with a lien on the property, the lots cannot be sold until the lien is cleared. So your friend is not in a hopeless situation.

Has your friend considered suing the original client for the fees? Unless his contract had some clause allowing assignment, or your friend gave consent to an assignment, the original client would still have the financial obligation for these fees.