Page 1 of 1
contract release / liability
Posted: Wed Mar 30, 2011 10:16 am
by goodgps
Sorry if this has been covered before, I could not find a thread:
Question:
A Survey Comapny has a full contract to do a Parcel map For a client (tentative thru final). The Property owners sell the property after the tentative has been approved [and paid for]
The New Owner decides to use another Survey Company to prepare the Final map. . . . is it necessary, Kosher, required that the NEW survey company give notice to the PRIOR company of its intent to prepare said map AND release liability FROM the prior Surveyor ???
Posted: Fri Apr 01, 2011 8:09 am
by goodgps
Thanks,
It is actually the other way around.
The New Owner has hired their own surveyor to do the final map.
I am holding a contract for the final map on the property with the former owner.
I have NO problem with the new company preparing the final. I feel it would have been a kind gesture for them to avwe atleast called me to let me know.
I have been paid in full for the tentative mapping.
One thing I have found, is there is NO reference to "professional courtesy" in the code of ethics.
Certainly the New company knows of my involvement, since they are using my tentative map directly.
I do wish them well. perhaps having that job (for them) is the little blessing that keeps them going ??
Thanks for the feed back. I suppose i will let it be and keep on trucking
"Good"
Posted: Fri Apr 08, 2011 12:58 pm
by mpallamary
THE SURVEYOR’S PROFESSIONAL STATUS
Principle: Professional stature cannot be acquired by self proclamation; others must bestow the title upon the surveyor.
The three professions or learned professions as defined by Webster, are theology, law, and medicine. Definitions of a profession, though not exact, include such phrases as “a group of men,” following a “learned art,” and as a “public service.”
We, as surveyors, know that we are in a profession practiced by a group of highly skilled men pursuing a learned art for the benefit of the public. But we, as professional men, are not the sole judge in this matter; others must also think so. Whether surveying is a profession or not is something that the public bestows upon the surveyor. Fortunately, it is not something that is acquired by self proclamation. If it were otherwise, everyone would soon lay claim and become higher in stature whether qualified or not. The professions that the public recognizes and acclaims as professions, i.e., doctors, attorneys, and clergymen, need not use the title professional doctor, professional attorney, or professional clergyman; everyone knows they are professional. The title was bestowed upon them because of their ethics, behavior, and standing in the community. Friends, business acquaintances, and others will evaluate surveyors by their behavior, technical skills, education, and ethics. Only if they behave and act like professional men will the public bestow upon them the privilege of being professionals.
Surveyors enjoy a personal relationship to the client that is similar to that of the legal and medical professions. The client seeks the services of a surveyor for a personal problem, the surveyor serves the client for a fee and at the same time is obligated to protect certain bona fide rights of others. But, unlike the legal, medical, and theological professions, he is not extended privilege communications. As in law and medicine, the surveyor is often given the exclusive right to perform certain duties, and in exchange for this exclusive right he has obligations to the client, the public, and other surveyors. The differences between the surveying profession and a business are:
(1) A relation with the public as an arbitrator of boundary problems and an obligation to protect the boundary rights of others.
(2) A duty of public service though it may incidentally be a means of earning a fee.
(3) The possibility of earning highest eminence without making much money.
(4) A relation to clients in trust.
(5) A relation to other surveyors characterized by fairness.
(6) An unwillingness to use business methods of advertising in self-laudatory language.
(7) Unwillingness to encroach on another surveyor’s practice or clients.
SURVEYORS’ OBLIGATIONS TO OTHER SURVEYORS
A profession is partially distinguished by the fairness and courteousness of one practitioner to another and their unwillingness to encroach upon the clients of another. Businesses compete aggressively for competitors’ customers; professions do not. A member of a profession values the esteem of his colleagues and the prestige of his calling, especially so the more mature his age. But those who advertise or steal another’s customers do not induce cordial reception or pleasant relationship, as it ought to exist, among surveyors. Thus surveyors have obligations to one another.
REVIEW OF ANOTHER’S WORK
It is unprofessional to review the work of another Engineer or Land Surveyor for the same client, except with the knowledge or consent of such Engineer or Land Surveyor, or unless the connection of such Engineer or Land Surveyor with the work has been terminated.
Consulting with another’s client is considered or appears to be an attempt to supplant the engineer or surveyor. If a request is made to review the work of another, the person making the request should be informed of the ethics involved, and the other surveyor should be promptly notified of the facts. Even in the event that the work of the other surveyor appears to be fraudulent or neglectful, and the other surveyor probably will be charged with misconduct, it is the duty of the surveyor to communicate with the other surveyor and give him the opportunity of reply.
- Curtis M. Brown, Professional Land Surveyor
Professional Question
Posted: Sat Apr 09, 2011 11:54 am
by TIB
If it up to the public to bestow the privilege of being a "professional", why do so many surveyors insist on bestowing the title upon themselves? PLS
I'm confused, again.