Interesting case. Was the guy really working on the side? Did he pay the surveyor directly? Also, I can't imagine a 100' difference not being noticed right away, but I live in an area where 10 of elevation change is nearly unheard of.
Good point, Andy. It said the company didn't issue an invoice for the job. That would be more convincing evidence to me than what anyone was told, but the story - and apparently the court - didn't emphasize that.
Interesting! This is in WV and that area of the state is very rugged. Even so I would think 100' would be glaring.
Clearly demonstrates why a PLS should never moonlight, nor should any company (or agency) allow it. But it seems the guy caught his screwup & tried to fix it, but they sued him anyway. Lawyers, go figure...
Andy, a friend of mine bought some property about 3 miles inland (panhandle area). His BFE was 5. He showed that to me & we got a good chuckle.
Wayne,
The lowest BFE here on Sanibel is 8 NAVD 88. I live in that zone and my finished floor is below BFE!!!
Andy
My area is not as bad as Andy's. Did he make a typo in the cert? or was it a blown elevation? I can see a typo, but not a 100' bust in running a bench. Wierd.
If this client bought the property based on the insurance quote from the botched FEMA, I would think he clearly has a case. That's a huge difference in premiums, not to mention marketability of re-sale. From the rough details, it looks like the company is trying to insulate itself from the work of it's surveyor. Even if the guy was doing this part of the project on the side, (clearly unethical behavior) the client would have no way of knowing that.
Andy
Seems to me to be even worse than simple moonlighting, he took work directly away from his employer. Sad. I hope he does not have a job anymore.
I would guess that they did know, they made out the check.
I worked at a company that wouldn't do a job under $10,000 (yrs ago) and encouraged it's surveyors to do the work on the side as a way to make more money. When I said we can't do that because the client will bring the company into any action saying they hired someone at this phone number, they don't care who they get. I was pooh poohed but is doesn't sound to far fetched now.
i've moonlit a few jobs, but those were just some for friends. i still go right through the company, just don't really get paid.
one friend owns a pie shop, i had pies for months. my boss got some too.
another has a cleaning business, i gave him a 75% discount, he cleaned some rugs for me and gave me a 10% discount...
another fishes and brought me some fish and a few big lobsters. if you know how to cook them, a 15 pounder is mighty tasty. (grill them, don't boil them)
> ....I can't imagine a 100' difference not being noticed right away, but I live in an area where 10 of elevation change is nearly unheard of.
They don't call the West Virginians "Mountaineers" for nothing. You know the words to that John Denver song, don't you?
> ...I can see a typo, but not a 100' bust in running a bench.
Once, early in my career, one of the partners of the survey business I was working for ran a level loop and transposed numerals when he wrote the BM elevation in his level book. Loop closed fine, elevation values were several tens of meters bust.
> Seems to me to be even worse than simple moonlighting, he took work directly away from his employer. Sad. I hope he does not have a job anymore.
1.After beginning work on the Nitro property, Saber asked Hayes to perform an elevation survey and complete an elevation certificate on a Danville property.
According to court documents, Hayes used his own surveying equipment, and his employer did not issue an invoice for the work.
2.Yet, in a December 2010 order, Boone County Circuit Judge William S. Thompson ruled Hayes did not act as an employee when he conducted the elevation survey.
Most of the state's Supreme Court justices agreed with the circuit judge, saying the work was not a Randolph Engineering project.
It seems to me that both the employer and the employee were well aware of what was going on. This could just have been a legal ploy, such as a blanket lawsuit. Throw out a line and see what you reel in. Obviously the Engineering Company would have better coverage than the individual Surveyor.
Ralph
Looks to me like:
1. Client hires company to do the work.
2. Company gives job to employee, maybe to throw employee a bone, maybe to avoid liability for a job that's too small make pay, maybe for some other reason.
3. Client gets invoice from employee instead of company. What is client going to do, refuse to pay? Hire another company to do the work again?
4. Client has good case against company that has much better assets including E & O.
