I did a very large route survey about 5 years ago. The project got canceled, and I did not get paid. The project was re-initiated, and another surveyor re-did the work and turned it in. I was surprised to find out that he got a copy of my drawings, and simply took my name off and inserted his, and he charged full price. This job is in the $100,000 range. Have any of you ever experienced this? What did you do? Successful on any efforts to recover?
If nothing else, you could send him a message asking if he found the error in your drawing. That might cost him some sleep at least.
Did you have a copyright notice on your drawings? Would it matter?? Anyone?
The same thing happened to our firm only with Architectural pans . . .
I think at minimum I'd make a complaint to the State Society and Licensing Board.
If you have irrefutable proof that he did this, get a lawyer and go after him.
If you do not have irrefutable proof, call him on the phone and tell him he is a thief and an ahole. That's the ONLY satisfaction that you will get in that case.
Question becomes, HOW did he get copies of your drawings? If the client provided them to him, then they are using the drawings for this project and owe you for your full billing.
They cancelled the project, but still enjoyed full use of your work? They owe you for that work. The drawings are not theirs until paid for.
Get an attorney and sue the original client for payment in full and sue the surveyor for using your work as his own.
In a jury trial, you should have no trouble getting paid. Present this correctly and a jury may give you more money than you think.
if the drawing is exactly the same, then submit this to the board. You might possibly have a lawsuit against the original client for non-payment.
Did you do $100,000 worth of work, or is the cost of the entire project? Did the other Surveyor get a copy of the paper survey or your CAD files?
Did you get paid for any of the boundary work you did?
If what you say is factual - GO SEE AN ATTORNEY ASAP
A similar situation happened to me several years ago.
We proved our case and I was awarded
3X the contract amount
and attorney fees
You must get an attorney, this may involve both state and federal laws.
Good Luck
Possibly A Felony
The surveyor took your work and your compensation, removed your name and claimed it as his own. The client took your work without compensation and claimed it as their own.
Besides contacting the board regarding removing your name contact the state or district attorney.
Could be a crime or worse yet a conspiracy to commit fraud. Read that as triple damages.
Paul in PA
First off, make sure that is what happened. Then report it to the State Board. If they investigate it and take action against him it will help your case later on when you file a suit to get paid..
If you can prove it, I would think that would constitute fraud.
> I did a very large route survey about 5 years ago. The project got canceled, and I did not get paid. The project was re-initiated, and another surveyor re-did the work and turned it in. I was surprised to find out that he got a copy of my drawings, and simply took my name off and inserted his, and he charged full price. This job is in the $100,000 range. Have any of you ever experienced this? What did you do? Successful on any efforts to recover?
I know you know all these things Frank but it might help clarify things for others.
I refer to Chapter 25 of the LA Board rules.
Specifically 2503.C2 states
Except as permitted by §2701.A.3.b.ii.(a), licensees
shall not seal the work of or take the professional
responsibility for any documents related to engineering or
land surveying not performed by the licensee or under the
licensee's responsible charge.
Unless this other person redid the work and came to exactly the same conclusions you did to the hundredth and to the second, it appears they sealed the work of someone else. Problem? Definitely.
Then we look at 2503D
D. Licensees shall submit to a client only that work (plans, specifications, reports, and other documents) prepared by the licensee or by an employee (or subordinate) of the licensee (which is under the licensee's responsible charge); however, licensees, as a third party, may complete, correct, revise, or add to the
work of another licensee or other related design professional, if allowed by Louisiana statutes, when engaged to do so by a client, provided:
1. the client furnishes the documentation of all such work submitted to him by the previous licensee(s), or their related design professional(s);
2. the previous licensees or other related design professionals are notified in writing by the licensee of the engagement referred to here in immediately upon acceptance of the engagement; and
3. all work completed, corrected, revised, or added to shall contain a notation describing the work done by the licensee now in responsible charge, shall have the seal and signature of the licensee affixed thereto, the date of execution, and shall become the responsibility of the licensee.
According to that this other surveyor would be allowed to build upon your work. But, only if you were notified in writing (per #2). Going on the assumption that you were not notified before the work was done.
There are other sections of the code that apply but you get the idea. Not only should you file a complaint with the board, you are obligated to do so by 2501.D.
Best of luck and let us know how this develops.
Larry P
:good:
Don't contact the Board yet.
You can file a complaint after the civil suit.
Go after this guy civilly, that's were the money is.
Any criminal prosecution and/or violation of Ethics and/or misconduct concerning his License will have more validity after you are successful in a civil lawsuit.
If you've got proof of what you claim, this ought to be an ironclad case for you to get your money, and for the other surveyor to be in deep excrement.
I'm interested to know how you didn't get paid to start with.
"Get an attorney and sue the original client for payment in full and sue the surveyor for using your work as his own."
:good: :good:
That's the best advice from a professional and business aspect. And it will resolve the issue.
Frank,
After this is all over, it sounds like a really captivating lecture for my students!
I would recommend no further publicity until it's really, really over; don't show your hand.
As usual, good advice from the board.
:good:
Please keep us abreast of the status, if and when you can.
I am curious like Tommy
Why did you not get paid to begin with. I did thousands of miles of route surveys during my career and it is commonplace for them to be delayed for years and years.. we always billed and were paid anyhow. Surely your fee was not contingent on the project going forward.
