HC = Holy Cow
TL = Title company lady
HC: Hello
TL: Hello, HC, this is LaWanda. I have a problem with the survey you did for Wood Holdings. It doesn't show any buildings.
HC: You know Walt, right? He told me very clearly that all they needed was a survey to find the outer boundaries of the 11 parcels that I had surveyed at different times over the past 15 years. I asked if they needed buildings located or anything else. He said, "No."
TL: Well, the contract specifically calls for an ALTA/ACSM urban survey including Items ....................
HC: Wow! Someone needs to make this clear to Walt. Or, the buyer needs to eliminate the requirement. This will cost in excess of $xx,xxx and it will be at least a month before I can work that into my already backlogged schedule. I know both sides want to get this closed ASAP. I love making money, but, that's just how it is right now. Besides, I realize they are dumping several million dollars worth of commercial property for next to nothing just so they won't have to continue paying property taxes on it.
TL: Yes, I know. I was shocked at the ridiculously low sales price. They are virtually giving it away.
HC: Check it out, please and get back with me. By the way, all the buildings are completely within the boundaries.
> TL: Well, the contract specifically calls for an ALTA/ACSM urban survey including Items ....................
> HC: Wow!
HC didn't have a contract in hand? For shame!
Ring, ring> Since when
Does an ALTA/ACSM survey NOT include buildings?
"Well, the contract specifically calls for an ALTA/ACSM urban survey including Items..."
What argument can you make for not locating the buildings? Especially if your contract included it?
Which state do you work in that gives you an "already backlogged schedule"? It is DEAD in Florida, with the exception of a few spurts every 2 weeks.
Ring, ring> Since when
> What argument can you make for not locating the buildings? Especially if your contract included it?
I gather that the Title company had a contract with a lender but not with HC. HC and Walt verbally agreed to a boundary sketch.
Ring, ring> Since when
Hoping so, mark....But no contract with client...
I hear you Darrell.
From my perspective it does not look very promising in the future either.
Maybe the new Governor (Scott) will wave some sort of magic wand, (like he has promised), to stimulate the Florida economy. I’m not going to hold my breath for that to happen. 🙁
Well, at least the Florida strawberry crop has arrived! 🙂
Have a great week!
"..the contract specifically calls for an ALTA/ACSM urban survey.."
Did you tell her that the "Urban" survey is no longer a classification, and hasn't been in quite some time? I especially like it when they insist on using an older set of standards/certification. Hasn't happened in a while, but I bet in February it will come up more than a few times.
Ring, ring> Since when
> ....But no contract with client...
Right now HC is wishing he at least had an email from Walt.
Ring, ring> Since when
HC may have never known about the TL beforehand nor any contract the TL was referring to.
Ring, ring> Since when
> HC may have never known about the TL beforehand nor any contract the TL was referring to.
You just never do work without some form of scope and deliverables agreement in writing. For small efforts it can be an e-mailed statement, no longer than one of these message board postings, but there just has to be something.
Ring, ring> Since when
Where did you guys read that HC didn’t have a contract with Walt?
I believe that the contract the TL is referring to, is the sales contract for the property. HC may not have been privy to the actual sales agreement.
He never mentioned whether or not he had a contract with his client.
Ring, ring> Since when
> He never mentioned whether or not he had a contract with his client.
True. But if he had a contract when the TL said "...the contract says..." HC would have said "my contract says...", and not "..talk to Walt...", would he not?.
Explanation/clarification
The contract I mentioned was between the buyer and the seller. The seller told me what he needed done. Apparently he did not read or did not understand what the contract said relative to a survey. He has been a businessman for over 50 years so this is not his first experience with such things.
I provided precisely what the seller asked me to do. He was happy.
BTW, it is interesting that I have not been contacted in any fashion yet as to how this matter is being handled. I'm betting the ALTA requirement gets dropped. The buyer owns adjoining property and has been situated there for over 30 years. I could show them in less than 10 minutes that no building crosses a boundary line.
Explanation/clarification
s.
>
> I provided precisely what the seller asked me to do. He was happy.
>
Do you have minimum standards of practice ?