I wanted to start a new thread on this.
I would like everyone to post or link the section of their state's code that requires the surveyor to act like a collection agency for another surveyor.
Thank you.
> I would like everyone to post or link the section of their state's code that requires the surveyor to act like a collection agency for another surveyor.
This falls under ethics, not statute. One surveyor doesn't take over a job that another surveyor is engaged in until that other surveyor has been properly discharged.
That may be the morally right thing to do, but I know of no place that that is law or regulation.
Many (most) states have something about not reviewing the work of another surveyor, but even that may not be legal as the Federal Trade Commission has weighed in on that matter - to the negative.
The thing to remember is that if a client has not paid another surveyor, what makes you think you are going to get paid?
Professional courtesy & relationships are important - but voluntary.
I'm willing to bet that you find none Tommy.
Ethics are not the same for everyone, Its a professional decision . I look at as a professional brother hood , looking out for each other . It is a cut throat business for some. Thats just me .
Collecting money for the competitors? The idea seems preposterous to me.
> I wanted to start a new thread on this.
>
> I would like everyone to post or link the section of their state's code that requires the surveyor to act like a collection agency for another surveyor.
>
> Thank you.
ethics? morals?
Yes, the first must be clearly terminated before another surveyor begins work.
However there are a gazillion reasons why someone is not paid, some probably very valid... but the reason would be telling in the new relationship.
statute? my memory is not 100% but I believe you will find statute in California somewhere
In Idaho we have one remotely related Rule, but it does not deal with billing and payment:
IDAPA 10.01.02.009.03 Assignment on Which Others Are Employed.
A Licensee or Certificate Holder shall not knowingly seek or accept employment for professional services for an assignment which another Licensee or Certificate Holder is employed, or contracted to perform without the currently employed or contracted entity being informed in writing.
> Collecting money for the competitors? The idea seems preposterous to me.
And...along that line, I was wondering if he's being sarcastic or facetious.
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES
BOARD OF LICENSURE FOR LAND SURVEYORS
PART Lan 501 CODE OF ETHICS
Lan 501.03 Standards of Conduct.
(k) The licensee shall:
(3) Not contract for the completion of another licensee's contracted work unless reasonable effort has been made to consult with the prior licensee;
New Hampshire Land Surveyors Assoc.
Code of Ethics
1.4 The Licensed Land Surveyor and Each Other.
In his relationship with other Licensed Land Surveyors, the Licensed Land
Surveyor will:
b) Not contract for the completion or extension of another Licensed
Land Surveyor’s work until the prior surveyor has been consulted.
At the company I used to work for, we had a situation where a contractor said he had fired his surveyor, who was a "solo" surveyor (didn't have a robot or RTK), because he said the guy was too slow, didn't show up on time, and didn't complete what he said would do in a timely manner they could work with. Asked the boss if we could pick up where he left off. Boss said OK, but wanted to make sure the other guy was paid what he was owed.
A few days later the other guy showed up at the office raising hell. Said he was going to turn us in and have us all stripped of our licenses. Nothing ever came of it.
I don't know of any either, but if the prospective client hasn't paid the last surveyor, what makes you think said client will pay you?
The answer to this question may depend on what work the prior surveyor has completed and delivered. If a plan has been delivered but not paid for, and that plan was used by a second surveyor, then the statutes related to theft or use of stolen property may be applicable.
This “ethics” idea is pure and simple price fixing. Those that support it are extorting the client to agree to the previous surveyor’s price. Demanding that the client pay the previous surveyor is a form of collusion.
I've been in this situation. I was turned in to the "professional" society ethics panel. The Chair checked with an Anti Trust Attorney and agreed with me.
"...Price fixing is an agreement (written, verbal, or inferred from conduct) among competitors that raises, lowers, or stabilizes prices or competitive terms. Generally, the antitrust laws require that each company establish prices and other terms on its own, without agreeing with a competitor. When consumers make choices about what products and services to buy, they expect that the price has been determined freely on the basis of supply and demand, not by an agreement among competitors. When competitors agree to restrict competition, the result is often higher prices. Accordingly, price fixing is a major concern of government antitrust enforcement.
A plain agreement among competitors to fix prices is almost always illegal, whether prices are fixed at a minimum, maximum, or within some range. Illegal price fixing occurs whenever two or more competitors agree to take actions that have the effect of raising, lowering or stabilizing the price of any product or service without any legitimate justification..."
Think about the ethics/criminality of Price Fixing!
My impulse when another surveyor calls and asks "Have you been paid by so&so ?" is to say "My accounts receivable are really none of your business." But these are nice guys trying to do the right thing and I've never mustered the temerity to actually say that.
