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Just some musings, on liability

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nate-the-surveyor
(@nate-the-surveyor)
Posts: 10528
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Who is liable?
XYZ company, has multiple crews. They are fast. The plats look nice. But, only show the stuff client is interested in.
They have had a number of PLS, licensed persons, signing plats.
In fact, they advertise, needing another PLS to burn.

I take the position that:

IF your seal, and signature is on that plat, it is YOUR WORK. No matter what company was paying your bills. And, you should KEEP all relevant copies of that work, such as field books, computer files, photo evidence, etc. These files are your responsibility. The FINAL PLATS, well, that company can keep COPIES of them. HOWEVER, this liability is yours forever, if your seal appears on the plat.

Same, if you work for USFS, or contracts, or whatever. IF your client is XYZ, corp. Then they are welcome to whatever you GIVE them, as supporting data. BUT THE PERSON WHO'S SEAL is on the final, is the person who should keep all originals. And, copies of the computer files. IF you want to share those, fine. BUT, it greatly reduces the MEANING of a survey license, if you are "not liable".

I called a surveyor. Whose signature was on a plat. They knew right next to nothing about the plat. I will have to get with my field crew.... they said.
Turns out, the Crew, was operating basically independent of the PLS. I say, if your seal is on it, you should KEEP the field notes, and background notes.
And, if you don't, this should place your license at risk.
Think about this: XYZ Realty buys 2000 acres of land. They hire a surveyor, who works for them over a couple of years. But, the surveyor is essentially JUST SUPPLYING THE SEAL! IF you want a copy, you wind up getting it from the REALTY company!!!

Autocad, and copies of signatures have made a mess.....

I take the position that this is un ethical.

Your Seal, and signature, your liability.

Just my take.

N

 
Posted : September 22, 2016 6:39 am
(@kevinfoshee)
Posts: 147
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I agree. Having worked for an Engineering Firm with multiple crews; I can tell you it is exponentially more difficult to remain in "responsible charge" of all jobs. But, it can be done. It's definitely not a 9-5 job, though.

 
Posted : September 22, 2016 9:17 am
(@luke-co-pls)
Posts: 25
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I take a different view.
I have always worked for a Company.
The Company contracted with Clients for work to be done.
The Company had E&O Insurance to cover the contracted work.
I signed the surveys, the local Company has all the records.
If there is a problem, the Company has the records, the Contracted Liability and the Insurance.
Agreed that I still have liability and the Client can come take my mortgaged house, not-paid-for car and the kid‰Ûªs beds.
A couple of times questions have come up that someone at the Company called me for clarification or to get my input, but the Company always took care of answering the questions.
Of course I always cooperated 100% to solve issues or answer questions.
It was the same when I became the new Survey Manager at other Companies and a question or issue came up.
We worked out solutions and occasionally had to call up the previous Survey Manager to get that input.

Glad I did not have to maintain my own files with all the surveys I have been responsible for!

 
Posted : September 22, 2016 1:04 pm
nate-the-surveyor
(@nate-the-surveyor)
Posts: 10528
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Another way to say it is:
IF my seal is on that plat, then I am KEEPING files associated with that job.
I have been hearing about a surveyor, who "Got fired" and the company he was working for, would not let him have any of the files, when he left!!!!
To me, this is totally UPSIDE down! Something like the tail wagging the dog.
Scary.

 
Posted : September 22, 2016 7:40 pm
a-harris
(@a-harris)
Posts: 8761
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I have heard of one surveyor hiring another to skgn all the work with the intent of assuming no liability.

Same surveyor also thought of selling his records to transfer the liability to the buyer.

Personally, I could not understand why the guy got licensed and would not stand behind his own work.

Gave me a good laugh........

 
Posted : September 23, 2016 1:40 am

nate-the-surveyor
(@nate-the-surveyor)
Posts: 10528
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I can see a cartoon:
A young man, doing orientation, and he's just been hired, as a party chief.
The young party chief spots an old man, at a desk.

"And what's he do?"
"O, that guy, we pay him 75 bucks per job, to stamp our work".
"But those are blank sheets?"
"I know, he only likes to come in every month or so".
"So how do you figure his pay?"
"We just estimate one job gets 6 sheets.
"So a whole pack of 250 sheets, all signed and ready to go, costs you over 3 grand?"
"Well, more or less, because we sometimes only release 2 originals, and that drops the cost to 25 bucks a job"
"So, thats the new meaning of "More or Less?"

"You got it son!"

There are some veritable plat factories around.

Nate

 
Posted : September 23, 2016 4:30 am