It Is Against The Law To Remove A Title Block
So that is his excuse for leaving it.
He just happens to forget that it is also against the law to use your work without permission.
He could have easily traced your work, which shows he is lazy as well as immoral.
Since it is on your title block, you can request it be removed from public consideration. You best do that before it is scheduled for a public meeting because once that happens it is a public record, for good or for bad.
I once had a client fall far behind on payment. I arrived at the Planning Board meeting with a written request to return my plans, i.e. my property. They quickly huddled and responded, "The plans had been accepted and are of record and could not be returned." However the Board professional could not ethically review them and since the client had also failed to reimburse the Township for perc tests by the engineer, the project was dead in the water.
Later the client demanded the information from me, I explained that it was public record and he could go to the township and do whatever he wanted. He later came back requesting electronic information for his new engineer/surveyor. I replied willingly upon receipt of payment on my invoice payment. Got several calls claiming "Time is of the essence". I replied, "No, money is of the essence." Several weeks later I got a call, I have your money I need my data. I went to the client's office with copies of everything including my field book, set copies and discs on his counter and held out my hand for a check. He claimed he did not have it and would get it to me. I said fine picked up all the stuff and walked out. He followed me out of the office yelling and screaming and threatening to call his lawyer. I replied, "Do that, and the first thing he will tell you is you do not even have the right to request this information until I have been paid." Two weeks later I got the check. six months later the new engineer/surveyor called with questions indicating they had just started to work on the project. So much for "Time is of the essence." I sat down with the surveyor for about half a day going over everything.
As best as I know they never got it any further.
Paul in PA
> And do architects do this a lot?
Architects work this way. They copy components and insert, insert, insert. They make up plans and then sell copies for life, only slightly modified to fit a specific site. Ever notice how you can look at a building and tell who the artichoke was? Any original thing they do will be copied by other artichokes, if it's any good. It's their business model and culture. So it just doesn't occur to them that copying your stuff may be objectionable.
It Is Against The Law To Remove A Title Block
Not really on topic with the original post, but it is not uncommon for achiturkies (plus PE's) to want our data files. Whether or not distribution of said files was in our contract is a business decision. Sometimes I give them out regardless, sometimes not. Certainly never if they owe me money. That horse has been beat to death on this forum.
It is also not uncommon for them just to include a copy of our "original" survey in the submittals to agencies. I see nothing wrong with that. Me, I like getting a set of plans that include the original survey drawing - then I know what the guy did.
But to alter my survey in anyway is nothing short of fraud. No more than we can move a building footprint 10 ft because they hit bedrock, or change entry door locations, driveway entrances, yadda yadda.
I'm kind of concerned that none have mentioned anything about intellectual rights on their surveys. Software developers are very militant concerning any piracy of their intellectual property. A note requiring review before any use/modification of data be required of anyone prior to utilizing it for development purposes.
A statement such as this may deter this type of plagiarism. We are, after all, authors of the Plat.
Note the C in a circle DDSM 2014 as watermark!
Public Record nor Mathematics can be copyrighted...
But my opinion and its graphical depiction sure can be...
DDSM:beer:
It bothers me to no end when that happens.
I tell the title company, lawyers, and everyone else, edit what I send you and I am not responsible for it any more.
The warranty is VOID
:good: :good:
Ever since I had an Architect change a setback line on a plat I produced, I have required that a PDF of my signed, sealed survey be included in any plans. I provide the PDF. I have been called out a couple of times since I started this and had to refuse to do the construction staking because the plans did not include the PDF. When the client realized that they were going to be delayed, and have to pay for a new survey, the plans were re-issued with my survey included.
My main issue with designers is how they almost always dance with the devil where setbacks are concerned. I just don't see how giving a design 3" of relief from a setback can be such a big deal. I do mostly residential, and it's not uncommon to have a house sited to be ON the setbacks. That's even before the survey. Because "the lot was recorded at 70' wide. How come it's only 79.6' on your survey".
Don't even get me started on dimensioning.
I had an engineer cut my seal/signature off of a plat, sticky back it to a drawing I had never seen and submit it to the county for review. I found out after it was submitted and went straight to my lawyer. He said if I didn't know about it I couldn't be liable. Since I knew about it i had to find it and destroy all copies. That was just so I wouldn't carry any liability. That didn't cover what he said I should do to the PE.
OK, this is what I am currently thinking. Monday morning, I will aknowledge the receipt of his plans, followed by something like this:
I must object to your use of my title block, including my company name and contact information, on your proposed site plan. Although my seal and signature have been removed, I believe that the use of my title block creates confusion as to who prepared the plan, and implies that I may have had some responsibility for the design.
My only involvement in this project has been to survey the property and prepare the Existing Conditions Plan, and to design the replacement septic system and prepare the Proposed Septic System Plan. Both of these plans carry my appropriate seal and signature, and neither may be altered by others nor may my title block appear on any other plan.
In order to document my survey, the preferred method would be to reference my plan(s) in a note, and submit my unaltered signed & sealed plan along with your materials, properly signed and sealed by you.
I request that you make it clear to the Board of Appeals and any other town officials that may be reviewing the plans that the already submitted plans are your creative work alone, and that I had no part in any design (other than the septic system). I also request that you remove my title block from any of your future plans or revisions to your current plans.
If you have any questions, please contact me.
Thank you,
Gromaticus
Any thoughts? Professional enough? Polite enough? Too polite??
I've found that one problem with being solo is the lack of anyone to bounce this type of thing off of. Everyone that I might talk to about it doesn't really understand the problem (or that there is one!), and I appreciate all your comments. Thank you!
don't get me started...
> You don't have to excuse yourself. I'm completely aware that almost everything that comes out of my mouth is "uncalled for". Most everything on this board is unsolicited.
>
> Speaking one's mind is probably one of the last personal freedoms we may enjoy...that and trying to project personal prudish views on others.
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> It's a great and diverse country we live in indeed!
>
>
> BTW - The last time I heard the term "uncalled for" was from my daughter-in-law when I asked my one my grandkids to pull my finger.
Please continue to speak your mind! I for one appreciate your sense of humor and our freedom of speech.
As for architects an old mentor of mine once told me "giving an architect a topo is liking giving a baby a loaded gun"
Hack
I believe that is considered constructive notice.
You will need to police this yourself. Should he attempt to get the plans approved without your review first, then you have a different problem. Not that he is required to let you review them. Unless he is plagiarizing your work. Then you have to decide what course of action to take.
Get the facts, and if necessary, present to your board and let them investigate. Or maybe take civil action. This alone would stop this sort of blatant intellectual theft. Could do both.
