Unknown use of a survey

As a rule, when you accept the work of another, you assume responsibility of any error that exists and you perpetuate.

That being said, it does not necessarily let the first on the scene off the hook.

I think the design engineer should have consulted with the first surveyor for permission to use the information and also should have verified the vertical data, but would like other opinions.

I agree. He should have verified that the quality of the topo was acceptable for his intended use. IMHO he is also responsible. It is probably a good idea to put warnings on your design plans as to the acceptable use of the plan by others.

> Several years ago, a surveyor performs a topographic survey of a site ......

OH! Please, please tell me this work was under a written contract. If it was, there should be a clause in it like this:

K. REUSE OF DOCUMENTS
All documents including reports, drawings and specifications prepared or furnished by the Consultant pursuant to this Agreement are instruments of service with respect to the project and the Consultant shall retain an ownership and property interest therein whether or not the project is completed. Such documents are not intended or represented to be suitable for use or reuse by the Client or others on the project, on extensions of the project, or on any other project without Consultant’s participation. Any reuse without written verification or adaptation by the Consultant for the specific purpose intended will be at the Client’s sole risk and without liability or legal exposure to the Consultant and the Client shall defend, indemnify and hold harmless the Consultant from all claims, damage, losses and expenses including attorney’s fees arising out of or resulting therefrom. Any such verification or adaptation will entitle the Consultant to further compensation at rates to be agreed upon by the Client and the Consultant.

Without a contract I'd sure be wishing that I got a chance to catch and fix my old error, but I know of no ethical obligation binding anybody. As far a liability goes, that's a matter for insurers and lawyers.

Every Surveyor should stand behind his work. As long as he was paid for the work he should be held liable. Every time I prepare a survey it is with the assumption that a third party (or several third parties) will rely on it being accurate and correct. I don’t understand any concept that limits the Surveyor’s responsibility only to the paying client. Is there really any Surveyor out there that doesn’t know that several entities and/or organizations will rely on his work being correct? Does he get off the hook for a terrible job simply because the contracting party did not use the survey?

Good Luck Getting Off That Hook

Hmmm.....one surveyor makes a five foot elevation error, and he wants to get off the hook?

A second surveyor uses his survey, doesn't verify, and perpetuates the five foot error, and now houses are in the flood plain?

A look at recent court decisions will show that in most cases, the fact that there is a different owner involved will not mitigate the professional responsibility of the first Land Surveyor to provide an accurate survey.

And the failure to uncover a five foot error is pretty much a done deal as far as I can see. If the design drawings note a datum, and that's not the datum they are really on, I don't see how you could get out from under that.

What did these guys just start surveying YESTERDAY?

> I don’t understand any concept that limits the Surveyor’s responsibility only to the paying client.

At least when you are part of an ongoing effort you get chances to catch your mistakes early and mitigate your losses. For instance, if you bust a topo 5 feet maybe you catch it no later than when you start staking rough grades. You pay for redesign. If you are not staking, maybe you end up buying a lot of earthworks, concrete, and another surveyor's time as well as redesign. Those potential relative risks have to be identified, limited where possible, and figured into your pricing.

I'm reminded of a phrase - "Privity of Contract"

> Several years ago, a surveyor performs a topographic survey........the vertical control is of(f) by about 5 feet,......surveyor admits the benchmark they set is in error.

There are two parts to this:

• is the surveyor liable for damages?
• was the surveyor negligent?

He might be in the clear for the former and still be in hot water with his state board for the latter.

I agree with Gene on this. Your liability extends to everyone who has a valid reason to rely on your work, whether they were ones paying your bill or not.

I understand typically a surveyor has an expectation of providing more services in the construction phase of project, but it is not a certainty. The assumption should be the product of a topography survey will stand on its own merit and does not need further collaboration or subsequent work as a “check”. It is a weak argument to say “Why didn’t someone check and find my error prior to construction.” Either be a professional and stand behind your work or choose to pork the public with legalese BS. I find there are plenty of both types.

I don't personally know any of the parties as this project is in a city in another part of Alabama. I do know the first company has a good reputation as surveyors. Their late founder was a past president of the ASPLS. The other company has been in business for quite some time.

Privity of Contract

Many appellate courts have disallowed the traditional claim of "privity of contract" between a surveyor and a third party who would "foreseably and ordinarily" suffer loss from a survey map that contained inaccuracies.

A licensed surveyor can be (and in some cases has been) held liable to third parties with whom the surveyor is not in privity for negligent misrepresentations appearing on a survey map (such as a five foot datum error), provided that the surveyor knew or should have known that such third parties would use and rely upon the plat in subsequent transactions involving the property.

Keep in mind that the original survey was done for a developer....if that development had gone through and the house were in a flood zone, all the owners might have third party claims against the surveyor as well.

I agree, just because the surveyor did not contract with a 3rd party, does not let them off the hook. Did they have a contract with the original owner? What did that say? It may have had a limitation of liability.

I don't know if there was a contract and have not been shown any documents or plans. The defendant's (first surveyor) attorney contacted me by phone and asked if I would give my opinion.

Good Luck Getting Off That Hook

I've worked for several engineering companies in the past that would use old aerial photos, topos or whatever given to them by the client without any checks. Because the client did not want to spend the money. Usually the first we (the surveyors) heard of it was when we went to stake and the grades didn't work. I don't see how htat's the second surveyors fault if he had no input. Just business as usual. Happens more often than you would think.
DJJ

> I have been asked to give an opinion as to whether or not the first surveyor should have been consulted, and if they should be held liable. I have not seen any documents and can't comment as to any restrictions for use that might be on the survey.
>

Were it me, I would offer an opinion concerning the consulting the other surveyor based on local customs. For example, In this state/county/city it is often the case that one surveyor will consult another when using a map produced by the other surveyor.

I would not offer an opinion on liability at all. That is a decision to either be mutually agreed by the parties involved or settled by a judge.

My answer would be; This is a legal question, it requires a legal answer. I am not a member of the bar, therefore I am not qualified or licensed to answer such questions.
jud

Seems the 1st surveyor should be held liable for the obvious 5ft error that he admitted to, but also the second surveyor should have done some verifying, I really hope the second surveyor wasnt dumb enough to just come off 1 benchmark that another said was good without at the very least checking a second or third, hindsight is 20/20 I suppose.

Here's a question that needs to be answered.

Did the second surveyor produce a stamped survey? If he did, and if this survey agree with the first one, I'd say the first surveyor is off the hook.

We've all heard of situations where a surveyor copies anothers work and puts his own stamp on it. For instance, splitting a tract in two where you only survey the severance line and match all the other lines exactly without field running them. I would think if something like this happened here, the first surveyor would be off the hook.