California Surveyors Forums

"(d) to indicate monuments set after the death, disability, retirement from practice, or replacement of the engineer or surveyor charged with responsibilities for setting monuments"

see:
http://www.leginfo.ca.gov/cgi-bin/waisg ... n=retrieve

It seems to me that he could stamp as long as he has a current license. If he had a retired license status, then he could not.

If he hasn't changed the status of his license to "Retired", he is still authorized to practice. Retired as an employee from a company has no bearing on the issue.

Ric

I think the point of Tom Taylor's post is, someone has to be responsible. If the retiree is uncomfortable signing for some reason, someone else may have to step up and become responsible. Which may amount in some cases to essentially doing the work over.

Bottom line is the responsiblity belongs to the surveyors whose # is on the pipe. If you are not willing to sign the map, don't put your tag on the pipe. How long has he been retired? Pipes are not supposed to be set for more than 90 days before filing a map.

Without having different statements on the map, one for each phase of work, how would the responsibility be seperated? From a liability side, I would think it comes back to whose tags are on the monument.

The number on the pipes has to match the one of the person signing the map.

How you accomplish that is up to you.

From the information above, it sounds like....LS# was in charged of, at least the setting of the points. T.T. is right on for this situation. Looks like you will be having multipule signatures. Unless LS# was in charge of all, then he must sign.

Sure hope the Property Owner is not flapping in the wind!

§404.2(c) Successor Licensee. In situations when the professional land surveyor or legally authorized civil engineer in responsible charge of a land surveying project is unavailable to complete the project, a professional land surveyor or legally authorized civil engineer (hereinafter referred to as the “successor licensee”) may assume responsible charge of the project as long as the successor licensee exercises the extent of control and assumes responsibility for the surveying decisions as required by subdivision (a) and meets the criteria described in subdivision (b), as well as meeting the requirements of the Professional Land Surveyors’ Act and Sections 411 and 415. Except as provided in Section 8761.2 of the Code, the original licensee is not relieved of any responsibility arising from the land surveying services of which he or she was in responsible charge.



IMO, Tom is correct. The successor licensee takes on the responsible charge to complete the map, but the original LS is still answerable for his work as well.

I see no mention that the original surveyor need be deceased or that the license be in "retired" status, only that the original surveyor be unavailable.

If both LSs are/were employees of the company, they were covered under the company's E&O. If the 1st LS leaves, he is no longer an employee and no longer covered under that E&O. How does that affect his liability or that of his new employer (if the 1st LS were to switch jobs rather than retire).

By interpreting the law such that the original LS MUST be the one to sign the map, you put employee LSs in a potentially tough situation. What if the employer insists that they complete the map but refuses to pay them or allow them to be covered under their E&O for that project because they are no longer employed there? What if the 1st LS is called to active military duty or takes a job in a remote location and is physically not available to complete the work? What if the original LS died rather than retired or moved between setting the monuments and filing the map? By many of your interpretations, the map can't be filed. This can (and apparently did at one time) create a confusing set of questions.

§8772 states that monuments shall be marked with the license # of the one who set it, but which law specifically states that the surveyor who set the monuments must be the one who completes the map? Does §8762 preclude a successor licensee from filing the map? I don't think so, otherwise §404.2(c) would not exist to clarify the question.

What happens if a surveyor has been "fired" but his tags are on the pipes and the mylars are ready to be signed that day and the escrow closes in two days, What then Fadda ? would that be a sin for the owner to sign this map ?

Its been done quite a bit all over the central valley.


Nofor Jerry