3)”company name” surveying Inc. assumes no responsibility or liability for any errors or omissions of any kind whatsoever in terms of content shown hereon and disclaims all warranties and/or conditions, express or implied, to the content into any matter relating to the information shown hereon.
I talked with the local platting authority yesterday and was told that they sent the plat note to the State Licensing Board and they responded that they see no problem with the above statement on plats.
I am thinking about including it on my plats just to bring further attention to the issue.
Should I ?
I would'nt do it. If they make an error on the plat that costs their client money I don't think that note limits their liability.
Talk this idea over with your attorney and your insurance agent...then let us know what they tell yoy.
That statement would never hold up in court. If someone is harmed by relying on your plat, and they were using it in a reasonable way recognized by the profession, you will be held responsible and you will pay, regardless of what statements you have on the plat. Some sort of statutory time limit is the only thing that could save you.
Since it's not clear in the original post, I think it's good to point out that wasn't akpls's note, he was asked his opinion of someone else's note by a governing agency.
The BOR can only enforce their rules. If they have no rules that prohibit this kind of note, then there is nothing they can do. But like others have said, you can't put a note like that one your drawing and expect it hold up in court. Even language like that in signed contracts have not held up, let alone a note that's slipped in on a drawing after the contract is made.
I don't think it has any place on a plat.
It goes in direct conflict with the surveyor’s statement I must include on the plat.
If you read the old post you will see it is a note I was asked to comment on by the local platting authority. They are trying to get it removed but will not require the surveyor so they tried to get the State Licensing Board to recommend removal so they would have something to back them up. The surveyors licensing board does not have a problem with it even though they require this on the plat-
I hereby certify that I am properly registered and licensed to practice Land Surveying in the State of Alaska, and that this plat represents a survey made by me or under my direct supervision, and that the monuments and improvements shown hereon actually exist as described and that all dimensions and other details are correct.
> 3)”company name” surveying Inc. assumes no responsibility or liability for any errors or omissions of any kind whatsoever in terms of content shown hereon and disclaims all warranties and/or conditions, express or implied, to the content into any matter relating to the information shown hereon.
>
>
> I talked with the local platting authority yesterday and was told that they sent the plat note to the State Licensing Board and they responded that they see no problem with the above statement on plats.
>
> I am thinking about including it on my plats just to bring further attention to the issue.
>
> Should I ?
Your insurance provider and attorney will be tickled to see a note like that on your plats.
On the other hand, your knowledgable clients probably won't accept your plats with the note included.
If your clients accept it and the note keeps just a few of them from pursuing you for damages, why not?
> The BOR can only enforce their rules.
Yep.
"You cannot certify yourself out of liability"
Gary Gilley, TBPLS Investigator.
Seems like someone posted about the Uniform Code of...contract law(?)..Commerce(?) and it's implications. That does sound like what was discussed. It seems like it was not enough to blanket indemnify yourself(company) from any warranty, express or implied, but held some legal standing by specifically detailing the limits of the warranty.
I believe it differed from state to state, and whether they had ratified and adopted the
Uniform Code as the basis to litigate contract law. I think if the state hadn't signed on then previous case law prevailed. I don't know.
If I was the client, I wouldn't have paid the "surveyor" for the work with that kind of BS on it. If he isn't willing to stand behind his work, what value does it have??? Zip, zero, nadda, zilch.
And people wonder why surveyors aren't considered professionals............
I don't know about your Board, but one of the first things I learned when my Board mis-processed my application was that they were dumb as a rock.
> Should I ?
I'd be too embarrassed to have my name associated with such an asinine, irresponsible, legally unenforceable, and obviously false statement.
It would make good topic of conversation at state society meetings though.
Your local platting authority might be dropping something in the translation from the licensing board to you. More likely is that they don't see an enforcement issue in it in that the statement does not, in and of itself violate any statute or regulation that they are charged with enforcing, nor would it prevent them from properly enforcing any such rule against a licensee who employs the silly statement. I very much doubt that they came anywhere close to saying that using the note would be considered good practice.
How many of us read the "Terms and Conditions", click the checkbox next to "I Agree", then proceed to install software?
How about those inaudible statements at the close of most automobile or pharmaceutical advertisements?
Anyone been admitted to the hospital lately? Have surgery?
Disclaimers are everywhere.
If a note on your plat steers away a potential lawsuit, good for you.
BTW, we have no such note on our plats.
How many of us read the "Terms and Conditions", click the checkbox next to "I Agree", then proceed to install software?
Makes me think of this.
"How many of us read the "Terms and Conditions", click the checkbox next to "I Agree", then proceed to install software?"
I would say "none" have read them... if I remember correctly (doubtful), the iTunes agreement was 80 pages in length.
