In the initial lawsuit, they usually include everyone that was involved in any part of the project.
They all meet before the judge and he decides who can actually be sued according to their input on the project and the scope of their involvement in the "cause" that brought about the lawsuit.
The same for being called in to testify in court. You can contact the person responsible for bringing you to testify and let them know that you absolutely have no knowledge of what went on or happened and that you did not witness anything and/or do not know about anything that they are going to ask you about.
They will probably release you from showing up because nothing you say will help them.
0.02
Thanks guys for all your posts, I ended up not continuing work on the project. The civil engineer who started the project had another surveyor sign off on the original boundary survey last year, they both have agreed that my resolution is correct. They are going to keep using the busted boundary for the parcel map and hope no one notices, which is very foolish. I also found the surveyor who set the busted corners in 2006 has 3 complaints of negligence here in CA.
I ended up following Jim's advice and having my lawyer draft a liability release and a contract termination agreement. The termination agreement states the issues I see with the boundary and why I am no longer working on the project. I got the civil engineer and other land surveyor to sign it and am in the process of getting the owner to sign it. He owes me some money but I think I will offer a discount if he signs it. My lawyer also suggested sending an CYA email to everyone, stating the issues and why I am no longer working on the project.
Bruce Small, post: 338972, member: 1201 wrote: ...I learned that trick from my dear friend Billy Keith.
Mr. Keith was my best mans godfather.
🙂
Travis P, post: 341791, member: 10546 wrote: I got the civil engineer and other land surveyor to sign it
Which shows how smart the are(n't).
Smart move,
Either way I don't think you had much to worry about. You did find the issue. Unless you have a lot of coin in the savings account! People ask me all the time if im scared about getting sued. I say yea go ahead and sue me lol. The bank owns my house, my car is leased, they can have my wife!!
Some contractors require me to have professionalism insurance. (No license) Depending on the job it can be between 1mill and 25mill. Last quote I had was for 13k and that covered me for 1 mill mistake with a 10k deductible.
Travis P, post: 341791, member: 10546 wrote: Thanks guys for all your posts, I ended up not continuing work on the project. The civil engineer who started the project had another surveyor sign off on the original boundary survey last year, they both have agreed that my resolution is correct. They are going to keep using the busted boundary for the parcel map and hope no one notices, which is very foolish. I also found the surveyor who set the busted corners in 2006 has 3 complaints of negligence here in CA.
I ended up following Jim's advice and having my lawyer draft a liability release and a contract termination agreement. The termination agreement states the issues I see with the boundary and why I am no longer working on the project. I got the civil engineer and other land surveyor to sign it and am in the process of getting the owner to sign it. He owes me some money but I think I will offer a discount if he signs it. My lawyer also suggested sending an CYA email to everyone, stating the issues and why I am no longer working on the project.
So, a civil engineer (assume Pre-82) and a land surveyor have agreed with you that the boundary presented on the Parcel Map is incorrect and the land surveyor has knowingly agreed to sign off on this? Travis, can you please privately contact me with information on this.
Thanks
Ric Moore, post: 341983, member: 731 wrote: So, a civil engineer (assume Pre-82) and a land surveyor have agreed with you that the boundary presented on the Parcel Map is incorrect and the land surveyor has knowingly agreed to sign off on this? Travis, can you please privately contact me with information on this.
Thanks
Ric, It is relief that the California Executive Officer for the Board for Professional Engineers, Land Surveyors, and Geologists takes his job so seriously. Our profession has always been ripe for unethical practitioners (Benson Syndicate) and if we as professionals don't seek and destroy unethical practitioners our profession has a very dismal future. Thanks for the leadership you provide on this. My 2 cents, Jp
Jp7191, post: 342000, member: 1617 wrote: Ric, It is relief that the California Executive Officer for the Board for Professional Engineers, Land Surveyors, and Geologists takes his job so seriously. Our profession has always been ripe for unethical practitioners (Benson Syndicate) and if we as professionals don't seek and destroy unethical practitioners our profession has a very dismal future. Thanks for the leadership you provide on this. My 2 cents, Jp
We are very lucky to have him!
Edward Reading, post: 342002, member: 132 wrote: We are very lucky to have him!
Indeed!
He has a nice new avatar - a little multipath on that Leica o.O
Better call Saul.
I find it hard to believe someone would be stupid enough to acknowledge that something was certainly wrong yet would sign it anyway and hope that "nobody notices"......I guess his license isn't worth much to him.
The Engineer and other Surveyor are participating in defrauding the buyers. If the owner paid your fee and signed a release were you still planning on bringing this to the Board's attention?
Bruce Small, post: 338972, member: 1201 wrote: I am very serious. As I said I would bail out of the survey - no sense going into a project where you just know there is going to be major fallout and they are going to be looking to blame anyone involved, including the guy in the food truck that used to park in the street. If the (good) survey proceeds, tie up any possible expert witnesses by consulting with them and sending them a retainer. I learned that trick from my dear friend Billy Keith.
I've heard attorneys at seminars give exactly the same advice. They said to not only contact your peers, but also the best attorneys in your area who could be hired to sue you.
