I work for a utility under contract. A few years ago I did a Record of Survey for some folks who owned the land my outfit needed an easement from to get to tidewater for a fiber. Their father had extensive land holdings in the area and passed away leaving behind a trust in the hands of his three daughters. What the daughters wanted in exchange for the easement was help in surveying their fathers land holdings in exchange for the easement. They are tough negotiators, the lead sister I refer to as 'the wolverine'. I retraced a BLM Dependent Resurvey done in 1950 and monumented a number of their Gov. lots for them but when I recorded the ROS, the wolverine lit into me with a terrible vengeance in a meeting we had and it took every ounce of my zen composure not to tell her to go find another surveyor. The issue was Gov. Lots 2 & 3 of Section 10 on the point of the bluffs, the most coveted property they had been squabbling over, had for the most part, been lost to erosion. After she was finished telling me that 'You will fix this problem you have created for me', I calmly told her that I'm not in the business of making land, just measuring it and that she would need to take that up with a higher power.
Fast forward. I'm done. I've fulfilled all of our commitments to these ladies. They now have an issue with the owners of Gov. Lot 33, the U.S. Coast Guard. The Coasties sent some personnel out there with chainsaws and cleared a good many trees outside of their Lot 33. I've seen it myself and know it to be the case. They would like me to go back out and map the extent of the clearing onto their property to use as evidence in seeking compensation.
Now, I have been working to gradually build my experience outside of my normal duties to my outfit and I am in the best position to do the work as I have control on location. The question is, what am I potentially getting myself into if I agree.
Any suggestions or cautions? I'd really like to avoid any hard lessons if it can be helped.
Thanks in advance. Willy
Just because I'm paranoid, doesn't mean they aren't out to get me.
Put their insults in the trash, and their money in your pocket. Price it so that, should wolverine complain, that you are still happy.
Makes SURE you are happy, when the dust settles. Maybe paid in advance. IF you have to appear in court, make sure that you are compensated.
Nate
You don't need the money, right? Right! That means you have ALL the power. Massive up front retainer. Make sure you are always into them for at least a few thousand dollars and not the other way around.
If they don't like your terms, go shooting or fishing instead. You have snagged yourself a win-win my friend!
In essence you are under contract with a corporation as a subcontractor. Before anything, check out the contract for clauses addressing “moonlighting” or such other legal jargon, including non-compete issues.
If none, and, you pursue for the almost certain plaintiffs, be prepared to spend some time in court.B-)
:good:
This is not exactly answering your question, but around here that wouldn't require much survey work. We mark the line between lot 3 and lot 33 (which you just surveyed). Then the Forestry Department comes behind us, counts and measures the stumps cut on "the wolverine" lot. The Coasties are required to pay "the wolverine" three times the value of that timber.
I know nothing of Alaska law, though.
Thanks guys
There are no clauses in my contract that would prevent me from 'moonlighting' and my employer does not have exclusive rights to my survey data, not that they could do much of anything with it anyway as I'm the only licensed surveyor here and nobody here really understands what I do anyway. My hesitation in part stems from my lack of enthusiasm to place myself in the middle between a family of wolverines and a federal agency. But come to think of it, it's just never really been in my nature to be timid. The wolverine refers to me now as her 'Buddhist monk surveyor' for the way I kept my cool. I think I'm just going to quote them a price just high enough to make them choke and make sure I've got a good written contract and a 50% retainer before I sign on to the deal. Along with a clause about compensation should I be required to testify in court. The survey is pretty much already done. I just have to tie in a bunch of stumps and crank out a drawing and ink up my stamp. Easy money.
Yeeeaaaaa.
Why is it I always get a little nervous when I have that thought .....
ww out.
Just because I'm paranoid, doesn't mean they aren't out to get me.
Thanks guys
> I think I'm just going to quote them a price just high enough to make them choke
I had an old boss who used to always say, the best price is the one that covers your basis and makes them vomit in their mouths just a bit before they say yes.
Sounds Like you got it figured out.