can you please cite the code?
> I don't mean to disagree but that is not true. The NC law only prohibits you from supplanting another surveyor under contract on a job, it does not require you in any way to make sure someone is paid. as long as the surveyor has been let go from the job, you can work on the job. That doesnt necessarily mean you would want to work for someone who hasnt paid.
> the cite is
>
> 21NCAC 56.0701
> (e) (7) Shall not attempt to supplant another engineer or land surveyor in a particular employment after becoming aware that the other has been selected for the employment.
The cite is exactly right. But the bigger question is whether the previous provider having been paid or not has anything to do with supplanting.
My opinion is that once a PLS begins work on the project, there is a contract. (This is true whether the contract is written or oral.) At that point, the contract remains until all involved parties fulfill their obligation under the terms of the agreement. Until the PLS has been paid, I believe that the contract still exists. Therefore, I will not work on any project where I know a previous PLS is still owed money.
Larry P
What if the previous surveyor surveyed the wrong property?
What if the previous surveyor split a lot, but completely ignored the client's request regarding the division line?
I won a judgement just under $15K once. When the client still refused to pay my attorney told me we'd have to sue him again to collect - another $5K in attorney's fees. While I was fuming over this a buyer came along. He told me that he would pay me $5K to release the claim. I told him to go away. The following week I received noticed from the court that he had "bonded over" the judgement, ie., he paid the court $500, they removed the judgement and he bought the property. I never saw a penny! I discussed suing the court but found out that can't be done.
Since that day I have never had an ounce of faith in the legal system. Mrs. Smith and Wesson are likely to make the next judgement I need.
Larry,
You are getting into contract law and we are not Lawyers, however having been up against these types of things a few times, here is my non-legal take. A contract that is breached by either party is no longer valid. The contract has ended and it is the problem of the parties to sue for breech, not mine....Think of it this way, if your landlord shuts the heat off, you no longer have to pay the rent...There are many reasons for non-payment, maybe the work was poor or done wrong. Perhaps the terms of the contract were not fulfilled....Here is how I draw the line, a) the client must show me that the other surveyor is no longer under contract. b) if the client wants me to use any portion of the previous work, then the surveyor must be paid in full before I begin and c) since there was a problem....retainer in full payment amount must be made before I begin...
Jim,
There is something wrong with that. I would research bonds because I believe the lien is still in effect (and maybe gathering interest)
This is part of why I really enjoy discussing ethics. Reasonable, well informed, intelligent individuals can disagree and remain civil.
You make some good points. May have to consider revising my view. It has only come up a couple of times in the last 30 years so it's not likely to be a problem for me in the near future.
Have a great week.
Larry P
What you've described is an issue between Surveyor #1 vs. the Client.
It is not, and should not be an issue between Surveyors #1 & #2 vs. the Client.
I certainly hope I didnt offend you Larry, I do realize I tend to write rather straight to the point, but I try to keep my discussions civil.
> I won a judgement just under $15K once. When the client still refused to pay my attorney told me we'd have to sue him again to collect - another $5K in attorney's fees. While I was fuming over this a buyer came along. He told me that he would pay me $5K to release the claim. I told him to go away. The following week I received noticed from the court that he had "bonded over" the judgement, ie., he paid the court $500, they removed the judgement and he bought the property. I never saw a penny! I discussed suing the court but found out that can't be done.
>
:bad:
> I certainly hope I didnt offend you Larry, I do realize I tend to write rather straight to the point, but I try to keep my discussions civil.
You are always civil Cliff. That is part of what I like about you.
No worries.
This is an interesting topic worthy of discussion. Discussion with a capital D and not a capital S (shouting).
Larry P
It's possible that your plans and data might be considered stolen property due to the nonpayment. In which case, the other professionals would have an obligation to not use it. I'd consult with an attorney and see.