A friend of mine is in a bit of a situation, just wondering what you guys think.
He had prepared a series of surveys while employed at Company A. The surveys have been filed but not yet staked. In the mean time, my friend has been relieved of his employ at Company A. The question is, now that he is no longer an employee of Company A who contacted the work, is he personally responsible for setting the un-set lot corners?
Thanks for the advice.
"The surveys have been filed but not yet staked."
That in itself is a violation of the rules in Alabama. The surveys should not have been signed unless they were complete, including setting the corners. Many times when going back to set them, I have found existing monuments that were missed the first time.
I'd say your friend better go rent some equipment and set some steel!
If it was a subdivision, there may have been a cash deposit or bond involved with the setting of corners. I think it is typical to set the interior corners after the street improvements are in. The deposit ensures it gets done one way or another.
Probably varies from state to state.
As for the contract, the contract was between Company A and the Client. The client expects Company A to set the corner monuments at the appropriate time during the development. Company A should still set the monuments.
As for the surveyor, the plat is signed and recorded and I would expect that the notes say his survey number will be on the monuments. So Company A can set the new surveyor's monuments or they can make an agreement with the surveyor who signed the plat so that he can supervise the setting of the monuments with his number. If the monuments will be different, there has to be a way to note that in the record. (Your friend did take all his numbered caps with him, didn't he?)
You can also consider the idea of E and O insurance. The insurance policy for the work is carried by Company A and not by your friend. I am sure everyone expects the monuments to be set and covered by the E and O insurance.
This has happened often enough that people know how it has worked in the past. Your friend may want to meet with the County Surveyor to see what their take is just to put his mind at ease.
> "The surveys have been filed but not yet staked."
>
> That in itself is a violation of the rules in Alabama. The surveys should not have been signed unless they were complete, including setting the corners. Many times when going back to set them, I have found existing monuments that were missed the first time.
Same case in Kentucky. It was clarified in a FAQ section of the Board of Licensure website for years.
Finally, it had to be implemented into the standards of practice as required practice to actually set the monuments due to too many folks not acting professionally.
There were a number of people who 'forgot' to set corners once they released a plat. Sometimes, they would try to set the corner where they calculated it only to find the location occupied by a tree or some such obstacle requiring a witness monument. Instead of revising the plat and re-issuing it, no note of the different corner marker was made.
Steve is right
Many times when going back to set them, I have found existing monuments that were missed the first time.
Somebody needs to talk with somebody.
N
