In all likelihood this guy has a relationship with your client. He is trusted as the go to Surveyor. I am not aware of any statute or rule anywhere prohibiting him from reviewing your work. He may be in trouble if he disparage you without cause. Even that is shaky.
My suggestion is take an objective look at his comments. He may have valid points or ideas that would improve your practice. If he's picking nits, respond in a thoughtful and professional manner. Explain the differences in codes and customs. If you take it to any board you will lose a client and a chance to up your game.
I've never had a problem when clients, surveyors or others have an opinion about my work or my product. Everyone is welcome to their opinion.
There will always be those that carry a rulebook in their pocket to pull out to test and stand behind for various reasons. Everyone can generalize standards for their own use.
The only time that anyone's opinion bothers me is when they are insistent that their way is the only way something can be done. To be bothered about how I do a survey or why I did this and/or that and that I used a TS rather than RTK or did not accept what was already on paper is something that I believe is outside of their responsibility. That is something I only expect to hear hear from my BOR or mentor and that lucky crew member that wants to know and will take the time to ask the questions and hear the full answers, one time and be satisfied or have more questions and hopefully learn something from the experience.
If anyone wants to sit down and discuss surveying and I am not full to the brim with work, I will share what I know for what they know. Being the subject of someone's inquisition at my expense is not the way for that to happen.
Texas surveyors are expected to prepare a survey report that is not only paperwork with words, numbers and diagrams. A part of the complete survey is that our client fully understands what is what and where his boundaries and monuments are and why it is that way.
Not every client wants to know all that and will not listen if you tell them. We must be ready to provide that service just the same.
The client must also understand that when they bring outsiders in to review your work product and they require face time to discuss things, that time is billable and that you are willing to do whatever is necessary as long as you are compensated properly for your services.
0.02
Sergeant Schultz, post: 326128, member: 315 wrote: If I were asked to review another surveyor's work because his client had misgivings, my first move would be to let the other guy know what I was doing and why. If the other guy has problems with your work and didn't communicate with you about them first, I'd call that unethical - I don't care what state he's from.
I sense a hidden agenda on the part of your client -what's his beef?. Maybe I'm missing something here, but if you stand by your work and your product meets or exceeds the state requirements, and the title company accepts it, and the opposite party accepts it, and you've been paid - why worry? Tell 'em you've done all you're going to do.
Would I complain to the other guy's board? Nope, it wouldn't be worth my time, and likely little would come of it anyway.
SS
"If I were asked to review another surveyor's work because his client had misgivings, my first move would be to let the other guy know what I was doing and why. If the other guy has problems with your work and didn't communicate with you about them first, I'd call that unethical - I don't care what state he's from."
AMEN...
It depends upon where he is performing the review and what items he is commenting on. If he stayed in his state while reviewing map content and is commenting on technical matters, then there is no violation of any licensing laws. If he is offering opinions as to whether you fully adhered to your state's laws and the standard of care within your state, then he's going beyond what his review should cover and possibly violating your state's licensing laws. But that depends upon the statute language for the definition of surveying in your state.
Does your PLS Act have reviewing survey maps or offering opinion as to the technical content of survey maps as part of its definition of the practice of surveying? Does it include offering opinion as to the technical or legal sufficiency (relative to statutes and codes governing practice of surveying) of the map?
If the definition of surveying in your practice act does not cover these things, then there may be nothing preventing an out of state surveyor from reviewing your map, or possibly even an in-state unlicensed person from doing so. No state that I know of has statute or regulation addressing a licensee performing work related to land in another state, except to the extent that a licensee has a duty to report when they have been subject to disciplinary action by another state's licensing board.
hlbennettpls, post: 326152, member: 10049 wrote: No, client requested the review. What's funny is title co. and reviewing attorney are fine w/the survey.
OK, astute client, looking at the work product. A fresh set of eyes is a Good thing.
Many folks believe in the "good old boy" thing and want someone not involved to have a look. Give him credit for caring about his survey.
Again, If it is beyond your original scope say so and get paid for it!
If it is beyond your original scope say so and get paid for it!
hlbennettpls, post: 326142, member: 10049 wrote: It is a paid review.
That sounds like pretty shaky ground to me. It's one thing to call up a non-surveyor and say "Hey, what do you think of this?" But when a licensed surveyor is taking payment for his services, it sounds like he's practicing out of state.
C Billingsley, post: 326219, member: 1965 wrote: That sounds like pretty shaky ground to me. It's one thing to call up a non-surveyor and say "Hey, what do you think of this?" But when a licensed surveyor is taking payment for his services, it sounds like he's practicing out of state.
This was what I was thinking too...
C Billingsley, post: 326219, member: 1965 wrote: That sounds like pretty shaky ground to me. It's one thing to call up a non-surveyor and say "Hey, what do you think of this?" But when a licensed surveyor is taking payment for his services, it sounds like he's practicing out of state.
Probably going to be a state by state call based on the statutory definition of the practice of surveying in the individual state in question. In Maryland I'd venture to guess that it wouldn't be practicing out of state, down your way in Mississippi I think you could make a better case that it is based on your law.
(4) The practice of "surveying," within the meaning and intent of
Sections 73-13-71 through 73-13-105, shall mean providing professional services
such as consultation, investigation, testimony evaluation, expert technical
testimony, planning, mapping, assembling and interpreting reliable scientific
measurement and information relative to the location, size, shape or physical
features of the earth, improvements on the earth, the space above the earth, or
any part of the earth, utilization and development of these facts and
interpretation into an orderly survey map, plan or report and in particular,
the retracement of or the creating of land boundaries and descriptions of real
property.