Court Ordered Survey

> Property Owner B doesn't pay his half of the bill, but accepts the survey.

I believe you're implying owner A's choice of surveyor was contingent on owner B's approval. You didn't state that as a stipulation of the Court's order.

> Is Property Owner A responsible for the total bill?

No, merely his half.

> Is Property Owner B in Contempt of Court?

Yes. He was ordered to pay half. You stated he accepted the survey. The courts around here would probably see that as an approval.

It is not against the law to be a cheapskate. Being in contempt of a court order is against the law. Sadly, Owner A will probably have to seek damages against B in an entirely new suit (small claims if under 10K). Violation of a court orders will generally not get you arrested around here...but if it makes it back to the same judge, owner B is gonna get himself a new one ripped by that judge. They don't take lightly to people ignoring their whims.

It sounds to me as though the Surveyor negotiated (and I hope contracted) with Party A. Party B may or may not be forced to pay up in the end, but the Surveyor isn't part of that action. His beef is 100% with himself if he didn't contract with one party for the full amount.

We can assume the parties won't talk to each other and certainly won't agree on a surveyor, which is why the court or another neutral party should have selected the surveyor.

It wasn't a friendly action. The owners wouldn't agree to anything. Two stubborn old fools. Owner A is a conscientious person who didn't want to be in contempt of Court just wanted to comply with the ruling. Owner B is a thug. The Judge didn't stipulate that they had to agree on a Surveyor, just that it had to be surveyed and each pay half the fee. The whole case ended in a poor judgment due to incompetent counsel in my opinion.
I feel it should be turned over to the Judge. Make him get Owner B to pay.

You assume correctly. They would agree with each other on if it was day or night time. Lawsuits don't create life time friendships. The Judge was no Solomon for sure. He should of done a lot of things he didn't. Fortunately the survey was quite simple and not much to argue about. Surveyor is just in the middle.

Surveyor should have recieved 100% retainer fee in advance, held in escrow if necessary.

contact the court..

I'm willing to bet that if the surveyor writes the judge a note (or calls him if he knows him personally) saying that B won't pay things will happen quite quickly. At least around here they would.

> Surveyor should have recieved 100% retainer fee in advance, held in escrow if necessary.

I can agree with that. Plus the surveyor is stuck in the middle. It ain't his fault unless he happens to be one that mucked it up in the first place and might take sides.

I also agree Client B should be held in contempt. Court Order is not contestable unless they take it up on appeal. An appeal might have stayed the order for a time.

Sounds like Client A held their end of the "bargain".

I'll bet Client B is just a hateful person who needs to lay down and have a nice belly-rub. That sure works for my cat. 😀

E

Rubbing Client B belly would be like rubbing a grizzly bear's belly.

If you were ordered by the Court to perform the survey, then the court should insure that both parties pay. If your agreement is with Party A, you have no direct agreement with Party B. Party A is responsible for the agreement between you and him. Party A would have the right to ask the Court to demand the 1/2 payment from Party B. You may be able to join a suit with Party A to receive expenses and interest from Party B. Party A is bound by the payment terms of your agreement.