How long after you submit your survey plans for a topography, boundary or any type of survey will your responsibility end?
I know for boundary & property related surveys, it ties you till maybe forever if the plan is registered & everyone after can get a copy of it to review.
I am more interested in engineering surveys. How far down the road can a client call you and say they found something wrong with the work?
When can I say I think my work is done. You need to verify something then I will charge you again for it.
The public seems to think it is forever.
The worst, I think, are topo surveys. I've had a rash of non-clients wanting to use old topo (20 to 30 years old, sometimes) for their new multimillion dollar projects, even though they know that changes have occurred on the site since the topo was originally done.
They act completely bewildered sometimes when I explain that I can't do that, even after I explain why.
"But we just need the plan..."
FrancisH, post: 335796, member: 10211 wrote: How long after you submit your survey plans for a topography, boundary or any type of survey will your responsibility end?
In Fl the Statute of Limitations is two years AFTER the error(s) are discovered, which can mean forever. :'(
Of course a topography is a "snapshot in time". You aren't certifying if someone goes and moves a building the next day. In colorado you have a 3-year limitation "after such defect has been discovered", but I wouldn't be surprised if it can't come back and bite you many years later. I don't if it's implying that once a defect in a boundary survey has not been reported for 3 years that it becomes the boundary, or if it's just an attempt to safeguard the surveyor from having to answer to it after 3 years (the latter I suspect).
FrancisH, post: 335796, member: 10211 wrote: How long after you submit your survey plans for a topography, boundary or any type of survey will your responsibility end?
I know for boundary & property related surveys, it ties you till maybe forever if the plan is registered & everyone after can get a copy of it to review.
I am more interested in engineering surveys. How far down the road can a client call you and say they found something wrong with the work?
When can I say I think my work is done. You need to verify something then I will charge you again for it.
Does Ohio have a Statute of Repose for design professionals that includes Land Surveyors?
http://www.amerisurv.com/content/view/4168/136/&apos ;">Surveyors & Law: Statutes of Limitations and Repose
2013 Maryland Code
COURTS AND JUDICIAL PROCEEDINGS
å¤ 5-112 - Actions for errors in survey of land
No cause of action for damages accrues and a person may not seek contribution or indemnity for damages incurred for an error in a survey of land unless an action for damages is brought within 10 years of the survey, or within 3 years after the discovery of the error, whichever occurs first
Ohio Revised Code Section 2305.131 Ten-year statute of repose for certain premises liability actions.
Tom Adams, post: 335824, member: 7285 wrote: Of course a topography is a "snapshot in time". You aren't certifying if someone goes and moves a building the next day. In colorado you have a 3-year limitation "after such defect has been discovered", but I wouldn't be surprised if it can't come back and bite you many years later. I don't if it's implying that once a defect in a boundary survey has not been reported for 3 years that it becomes the boundary, or if it's just an attempt to safeguard the surveyor from having to answer to it after 3 years (the latter I suspect).
To clarify, 10 years ultimately in CO. if < 10, you have 3 years to report after found.
In Oregon it's 2 years after discovery or 10 years maximum.
ORS 12.280 Action based on practice of land surveying. Notwithstanding ORS 12.135 or any other statute of limitation, an action against a person for the practice of land surveying, as defined in ORS 672.005, to recover damages for injury to a person, property or to any interest in property, including damages for delay or economic loss, regardless of legal theory, arising out of the survey of real property must be commenced within t[hl]wo years after the date the injury or damage is first discovered[/hl] or in the exercise of reasonable care should have been discovered. In no event may an action arising out of a survey be commenced more than [hl]10 years [/hl]after the date on which any map prepared by the land surveyor is filed under the provisions of ORS 209.250, or, if no map is filed, more than 10 years after the completion of work on the survey.
6 years in Washington
RCW 4.16.310 Actions or claims arising from construction, alteration, repair, design, planning, survey, engineering, etc., of improvements upon real property ÛÓ Accrual and limitations of actions or claims.
All claims or causes of action as set forth in RCW 4.16.300 shall accrue, and the applicable statute of limitation shall begin to run only during the period within six years after substantial completion of construction, or during the period within six years after the termination of the services enumerated in RCW 4.16.300, whichever is later. The phrase "substantial completion of construction" shall mean the state of completion reached when an improvement upon real property may be used or occupied for its intended use. Any cause of action which has not accrued within [hl]six years[/hl] after such substantial completion of construction, or within six years after such termination of services, whichever is later, shall be barred....
STATUTE OF LIMITATIONS PASSES IN OHIO AND IS SIGNED INTO LAW BY GOVERNOR
June 17, 2014
The exact language of the Statute of Limitations in the Ohio Revised Code reads:
2305.09 (E)Û?
ÛÏAn action for professional negligence against a registered surveyor shall be commenced within four years after the completion of the engagement on which the cause of action is based.Û
In Tennessee, it's 4 years after the date on the survey drawing.
If they call 4 years and one day after the date on the drawing, I am well within my legal rights to tell them to pound sand.
ARKANSAS
A.C.A. å¤ 16-56-112 (2015)
16-56-112. Design, planning, supervision, or observation of construction, repair, etc. -- Actions for property damage, personal injury, or wrongful death.
(a) No action in contract, whether oral or written, sealed or unsealed, to recover damages caused by any [hl]deficiency in the design[/hl], planning, supervision, or observation of construction or the construction and repair of any improvement to real property or for injury to real or personal property caused by such deficiency, shall be brought against any person performing or furnishing the design, planning, supervision, or observation of construction or the construction or repair of the improvement [hl]more than five (5) years after substantial completion of the improvement.[/hl]
(b) (1) No action in tort or contract, whether oral or written, sealed or unsealed, to recover damages for [hl]personal injury or wrongful death[/hl] caused by any deficiency in the design, planning, supervision, or observation of construction or the construction and repairing of any improvement to real property shall be brought against any person performing or furnishing the design, planning, supervision, or observation of construction or the construction and repair of the improvement more than four (4) years after substantial completion of the improvement.
(2) Notwithstanding the provisions of subdivision (b)(1) of this section, in the case of personal injury or an injury causing wrongful death, which injury occurred during the third year after the substantial completion, an action in tort or contract to recover damages for the injury or wrongful death may be brought within one (1) year after the date on which injury occurred, irrespective of the date of death, [hl]but in no event shall such an action be brought more than five (5) years after the substantial completion of construction of such improvement.[/hl]
[hl](c) The foregoing limitations shall also apply to any action for damages caused by any deficiency in surveying, establishing, or making the boundaries of real property, the preparation of maps,[/hl] or the performance of any other engineering or architectural work upon real property or improvements to real property.
(d) [hl]The limitations prescribed by this section shall not apply in the event of fraudulent concealment of the deficiency[/hl], nor shall the limitation be asserted by way of defense by any person in actual possession or control, as owner, tenant, or otherwise, of such an improvement at the time any deficiency in the improvement constitutes the proximate cause of the injury or death.
(e) If a person furnishes designs or plans which are not used within three (3) years from the date they are furnished, no action shall lie against that person for deficiency in the designs or plans.
(f) Nothing in this section shall be construed as extending the period prescribed by the laws of this state for the bringing of any cause of action, [hl]nor shall the parties to any contract for construction extend the above prescribed limitations by agreement or otherwise.[/hl]
(g) As used in this section, the term "person" shall mean an individual, corporation, trust, partnership, unincorporated organization, limited liability company, or any other business association or entity.
DDSM:beer: