Certify to client's attorney?

I'll add Satan to the certification if I'm adequately compensated. Selling liability is my business model, giving it away for free...not so much.

That said, a lot of law firms in my area act as agents of the title insurance companies. So a big law firm can have "Lawyer A" working as the clients transactional counsel and "Lawyer B" standing in for the title company. In those cases I have certified to "Dewey Cheetum, and Howe, in their capacity as agents of Moron Title, Inc."

Double your fee and blame it on the number of those they now want you certifying to. Watch the idiot attorney squirm after the clients demand to know why he thinks he needs his name added.

The only maps i certify to specific parties are ALTAs. Everyone can sue us on the rest. Is this a State rule or region specific custom?

If I don't certify to anyone they request, the guy down the road will, and likely for 2% less than I'm charging.

Besides, as my attorney says, "Anyone can sue anyone else, and they'll have to pay to defend themselves...". So, what's the point of riding that high-horse?

thebionicman, post: 418450, member: 8136 wrote: The only maps i certify to specific parties are ALTAs. Everyone can sue us on the rest. Is this a State rule or region specific custom?

I agree. This is an out of state attorney, might be there custom but not in my area. I have not certified a survey like this in 22 years either.

Thanks,
Ed

ekillo, post: 418432, member: 773 wrote: I did a simple co-location survey on an existing cell tower and review the title report furnished by the client‰Ûªs attorney, now the client‰Ûªs attorney is asking that the survey be certified to them as well as the client. I have been surveying cell tower sites for 22 years now and have never had that request before. I might could see adding a certification to the client that is paying the bill, but not the attorney, I have always heard that it was the attorney‰Ûªs job to get as many people on the hook as possible.

Would it be wrong to ask for additional compensation to add the attorney?

TIA

Ed

Ed, I started putting it in the contract that the insured, lender, and title company will be certified, others are extra, in the survey agreement to fend off those requests. I still get the requests but at least when they ask I can ask if they read our agreement. The times I have been asked to add some other goofball I have told them the fee and they have always backed off, except for once. I got paid and haven't been called to court. Knock on wood!

I have heard over the years in discussions like this, that some charge per individual or company certified to..

.I like the clients that ask for a certification on a plain jane survey plan. They don't tell me what is needed for the lanquage, so I just come up with a note stating this is my opinion based on references stated on the plan. Essentially, stating what a surveyor does for every survey, and "certifies" it by signing and sealing the document.

I would ask the attorney for the specific language that they want me to use. Submit that to your E&O insurance company and let the chips fall where they want. Meanwhile, let you client know why the deliverable is taking so long. It is likely that you won't have to amend the survey.

Once a project begins, there is no changing things.
Everything after that is a new job order.
The more that want it, the more it costs.
I have a client that had a 150 acre food processing plant site that called me every three years when they financed and needed a copy of the ALTA survey.
Every time they called I reminded them that I provided 12 copies of everything and to find them because it would cost $xy k if they could not.
They always found them and have since reorganized and retrofitted to be a storage facility and does not need to finance to keep rolling.

ekillo, post: 418432, member: 773 wrote: Would it be wrong to ask for additional compensation to add the attorney?

Maybe you give it in exchange for the attorney certifing that his opinion of title is correct and meets the standards of practice for his profession. That way if things go sideways, he can be on the hook for unlimited tort liability like you are.

Also, you might want to check you state laws on the statutes of limitations on professional negligence claims. Here in Florida it's 2 years, but if it's your client (that long list of people you certified to) the statute of limitations can be indefinite with the discovery rule. Surveyors should charge for that.

Bow Tie Surveyor, post: 418692, member: 6939 wrote: Maybe you give it in exchange for the attorney certifing that his opinion of title is correct and meets the standards of practice for his profession. That way if things go sideways, he can be on the hook for unlimited tort liability like you are.

Also, you might want to check you state laws on the statutes of limitations on professional negligence claims. Here in Florida it's 2 years, but if it's your client (that long list of people you certified to) the statute of limitations can be indefinite with the discovery rule. Surveyors should charge for that.

I think you are right about the discovery rule.

Ed

Bow Tie Surveyor, post: 418692, member: 6939 wrote: Maybe you give it in exchange for the attorney certifing that his opinion of title is correct and meets the standards of practice for his profession. That way if things go sideways, he can be on the hook for unlimited tort liability like you are.

Better yet, provide language to the attorney that includes that the provided title report was "correct & complete". Tell him if he provides that certification to you, you will not charge him to add his name to the certification on your map.

eapls2708, post: 418818, member: 589 wrote: Better yet, provide language to the attorney that includes that the provided title report was "correct & complete". Tell him if he provides that certification to you, you will not charge him to add his name to the certification on your map.

That is a good idea.

Ed