California Surveyors Forums

I've come across this definition recently:

Taking those actions that would be taken by another reasonable prudent professional in the same circumstances (similar product in the same market, in the same time frame).

Not required: Perfection and guaranteed outcome.

That is correct.

See attached.

Mr. Pallamary's Board Letter in short:

Standard of Practice and Standard of Care "defined to mean the practice ordinarily followed or the care ordinarily exercised in like cases by duly licensed professionals in good standing."

Negligence defined as "the failure of a licensee, in the practice of professional engineering or land surveying, to use the care ordinarily exercised in like cases by duly licensed professional engineers and land surveyors in good standing."

Nice!

I was going through some training modules and materials about that and additional legal concepts, and it has roots in the common law.
Anyhow, it seemed like it was worth repeating, or I just felt like mentioning it again.

LS_8750 wrote: Wed Nov 16, 2022 8:55 am Negligence defined as "the failure of a licensee, in the practice of professional engineering or land surveying, to use the care ordinarily exercised in like cases by duly licensed professional engineers and land surveyors in good standing."

Would someone be kind enough to explain the significance of being "duly licensed" vs "licensed"?

This sounds like one of those $500 words that maybe we can charge extra for....

Duly licensed means legally authorized by proper authority. Just saying licensed (it would be a stretch) could imply, I was licensed by my neighbor to survey his property. Duly licensed means licensed by those who have the governmental authority to issue the license.
We are just in a habit of saying licensed when we mean duly licensed by the BPELSG.

Let's say you are in court and someone says you are a licensed surveyor - the jury (lay people) don't automatically know who the licensing authority is. Granted, most people don't really understand the word duly, so if one says duly licensed, it would still need to be explained to a lot of people... but as far as court records, it would mean licensed by appropriate authority, and competent.

meaning of duly: "in a manner suitable for the occasion or purpose"