Orange County Firm Didn't File ROS

[Sunburned_Surveyor]

Hey guys. I've got an ALTA survey done in Riverside County by a company in Orange County. The subject parcel isn't on a record map, which means the company should have filed an ROS and didn't. I'm about to file a survey in the same neighborhood and will show the unrecorded ALTA survey as a reference. I want to reach out to the violating company and give them a chance to submit their own draft ROS to the County before I put them in the spotlight.

If you are from Southern California and can reach out to this firm on my behalf, please send me an e-mail. lblake@hawkins-eng.com. I'll provide the company identity at that point. (I think this message might be better received coming from another local surveyor.)

I'm trying to treat this company with professional respect and courtesy, but I'm getting tired of competitors that do ALTA surveys and then don't follow-up with an ROS.

Please let me know if you can help. If not, I'll attempt to contact the company directly before I make my submittal. I'm on a tight clock.

Landon

[pls7809]

The local JPPC can help. I sent you an email.

Thanks,
Ryan.

[Sunburned_Surveyor]

The CLSA JPPC reached out to me. They are going to see if they can help.

Thanks!

Landon

[E_Page]

I don't think that there is any reason for you to be hesitant about contacting the other surveyor. In fact that might be better than the first contact coming from the JPPC. IMO, Step 1 is contacting the other surveyor directly. If that doesn't get the proper result, the JPPC is Step 2.

Just something like "My client provided me a copy of the ALTA you did for XXXXX. There's some good info on it, so I wanted to give you a heads up that I'm going to list it as a reference on the RS I'll be submitting in about X weeks. It looks to me like an RS should have been filed per 8762(b)(5). I wanted to check with you first to see if you have a map in process or on the chance that you may have simply overlooked it."

On the off chance that he does have a prelim RS either submitted or ready to submit, you may be doing him a favor by reminding him of a map he forgot to finish. Or more likely, he will realize that someone did notice that he never filed the map he knew he should have filed, and he'll respond that he forgot all about it but will get right on it. In that case, ask him to send you a copy of his submittal to the County so that you can reference that instead of or in addition to the ALTA. It is better for him if he provides a prelim/as-submitted RS for you to reference than for you to reference only the ALTA and have a note that clarifies that you were unable to locate a filed RS or to obtain a prelim RS from the surveyor. That may give him an incentive to do what he should have done and to provide you with evidence that he is at least in the process of getting it done.

You can come across in the manner that you are doing him a favor with the heads up and asking for a favor in return in the form of a copy of his map submittal to the County. You may be a PITA to him, but still do it while looking like a good guy trying to save him some grief.

If they are contacted by the PPC first, they may resent that you didn't contact them first before siccing the PPC on them, knowing that the PPC, especially the OC PPC will follow up and will forward a complaint to the Board if the matter isn't rectified in a reasonable time frame. It may be what the firm and licensee deserves, but you being the first contact may be more effective and more appreciated.

[Warren Smith]

Don't forget about PLSA section 8762 (d) (2), where "... if other surveys at the same location are performed by others which may affect or be affected by the survey, the licensed land surveyor or licensed civil engineer shall then provide information requested by the county surveyor without reasonable delay."

This may be a second action after initial contact with the other surveyor - that is, through the CS.

[PLS7393]

Good luck Landon, as this is too common for companies to keep their costs down.
This is similar to any other surveying project that companies (large or small) estimate to low ball those of us that follow the law (or try to).
They will continue to take shortcuts and low ball costs until they get caught. Unfortunately there are those that will continue even after the Board contacts them as they gamble to getting caught again.

Good luck!