Refusing to release control

[Emetz]

I was recently contacted by a contractor looking for construction staking on a project. He informed he no longer wanted anything to do with the Civil/Survey team that prepared the original plans. After reviewing PDFs of the improvements plans I noticed no Basis of Bearing was listed on the plans. I contacted the previous Civil/Survey and was informed they do not release their control as a way to ensure they receive the construction staking portion of the project. I understand their reasoning behind that but at a minimum aren't you required to call out the basis of bearing that was used?

And is it even possible to get a set of improvement plans through plan check without providing that information?

[David Kendall]

For some of us holding the clients hostage is the only way to get repeat business. What else would keep them coming back?

[SueDonim]

Emetz: Yes, l there is a minimum standard for mapping and failing to include a Basis of Bearings in some way is not meeting that standard. Send the plans to Ric Moore.

David: Begging for the surveyor's control is also a way many contractors try to finegal us out of the work. Get our control; but a cheap instrument; do the staking themselves and then blame the control and the surveyor when the building is 1 foot out of position on a zero-setback lot.

Giving them the control COULD be looked at as "aiding and abetting" non-licensed practice.

"Construction staking doesn't require a license."

Really? How was the control established? Randomly or based on a boundary survey?

Sue

[mpallamary]

The way you control this issue, and others are with a solid contract. A contract is a basis for business. If someone wants my control or digital files, it has to be included in the contract. My deliverable is a stamped paper document unless otherwise provided for under a written agreement.

[LS_8750]

See 2013 CBC Chapter 1, Division 1, Sections 107.2.1 (Information on Construction Documents) and 107.2.5 (Site Plan).

Once word gets out to the Contractor that he/she isn't getting what they are entitled to for the construction of the project, you as the consulting surveyor will receive what you are requesting.

Unless you are dealing with some silly back yard art studio addition or something tiny.

I've seen this scenario play out in Sonoma County by the hacks that play that game. It's funny how the reputable companies share their data freely, while the hacks chew on that same data like rats on barn wood.

[Anthony Maffia]

I don't think you have a right to another surveyor's digital work, and I wouldn't trust it if there wasn't a friendly exchange.

On the other hand, the consulting surveyor may be responsible to file a ROS, which gives you leverage.

[land butcher]

No one should build anything off plans that are not tied to property lines/corners and require that they be in place and fit record data. Everybody exchanges digital data today but it's on a friendly basis and not a requirement.
Architects and CEs only want the topo and never want to go to the expense of a boundary survey but a surveyor should not stake anything without boundary in place. Some cities, like Newport Beach, are requiring that the PCs be in place and a record map showing them.

[mpallamary]

If anyone is interested, I embed a standard document in every CAD image, if I release it:

PALLAMARY AND ASSOCIATES

TERMS OF USE AND RELEASE

DIGITAL/ELECTRONIC FILES AND CAD DRAWINGS

BY ACCEPTING ANY DIGITAL FILES, ELECTRONIC FILES OR CAD DRAWINGS PUBLISHED BY MICHAEL J. PALLAMARY, PLS, DBA PALLAMARY AND ASSOCIATES, HEREINAFTER REFERRED TO AS “PALLAMARY,” YOU ARE HEREBY BOUND TO THE FOLLOWING TERMS AND CONDITIONS UNLESS AN EXPRESS EXCEPTION IS PROVIDED. ANY USE OF THESE FILES IS AT YOUR OWN RISK.

BY ACCEPTING THESE FILES, YOU, AND YOUR AGENTS, AS THE USER, AGREE TO WAIVE ANY CLAIM AGAINST PALLAMARY AND YOU WILL DEFEND, INDEMNIFY, AND HOLD PALLAMARY HARMLESS FROM ANY CLAIM OR LIABILITY FOR INJURY OR LOSS ALLEGEDLY ARISING FROM ANY REUSE OF THESE FILES BY YOU, AS THE USER OR ANY OF YOUR AGENTS OR, ANY THIRD PARTY THAT MAY USE THESE FILES.

THE DELIVERY OF ANY CAD DRAWINGS AND ELECTRONIC FILES, IF ANY, SHOULD NOT BE CONSTRUED TO PROVIDE AN EXPRESS WARRANTY OR GUARANTEE TO YOU, YOUR AGENTS OR ANY THIRD PARTY THAT ALL DIMENSIONS AND DETAILS ARE EXACT OR TO INDICATE THAT THE USE OF SAID DRAWING IMPLIES THE REVIEW AND APPROVAL BY PALLAMARY OF ANY FUTURE USE. ANY USE OF SAID INFORMATION IS AT THE SOLE RISK AND LIABILITY OF YOU AS THE USER. UNLESS EXPRESSLY AGREED, THE RELEASE OF THESE FILES TO YOU DOES NOT AUTHORIZE YOU TO RELEASE OR TRANSFER THESE FILES TO ANY OTHER PARTIES.

THE TRANSFER OF ANY DIGITAL OR ELECTRONIC FILES AND INFORMATION DOES NOT TRANSFER ANY LICENSE TO USE THE UNDERLYING OR ASSOCIATED SOFTWARE NOR DOES IT EXTINGUISH THE RIGHTS OF PALLAMARY TO REUSE THE INFORMATION IN THE GENERAL COURSE OF PROFESSIONAL PRACTICE.

INFORMATION CONTAINED IN ANY SIGNED AND SEALED “HARD COPY” DOCUMENTS IS TO BE DEEMED TO BE CORRECT AND SUPERIOR TO ELECTRONIC INFORMATION.

FOR PURPOSES OF COMPLIANCE WITH SECTION 8761 OF THE BUSINESS AND PROFESSIONS CODE, THIS SHEET SERVES AS THE COVER SHEET FOR ALL FILES CONTAINED IN THIS TRANSMITTAL. UNLESS STATED OTHERWISE, ALL FILES ARE CONSIDERED PRELIMINARY.