The things Surveyors get sued for

A client's attorney told him that the odds of a California condo developer getting sued within the 10-year liability window are 100%. His liability insurance policy added $40k to the price of each unit.

After 2 years and quite a chunk of cash to my attorney, just last month I had a case against me dismissed by a District Judge and my counter claim (just to get attorney fees back)was denied.

I was not at fault for anything but being the surveyor of record on a huge real estate deal that went south and some people lost big money.

My survey was fine, but some idiot attorney decided to throw me in the mix.

Randy

I know a company that was driving past a site where the attorneys were meeting to decide whom to include in the suit. They had zero involvement in the project. Had never been there and had never done anything relating to the project. But because one of the attorneys saw the company name on the side of the truck as it drove past, they were included.

Cost the company just shy of $10,000 to get their names removed from the list.

This is why it is important to get "first dollar defense" coverage on your Professional Liability policy.

Larry P

> Oh what fun....
>
> We recently received a 306 page lawsuit (complete with color pictures and a DVD) naming us as one of the defendants. Apparently it is our fault the window sills and block walls in a large condominium project are cracking due to improper quantities and/or material installation with respect to the slab and foundation. Of course the attorneys for the plaintiff have sued every subcontractor associated with the project including the landscapers and construction cleanup crew.
>
> Although we are not responsible for the construction defects we still had to employ an attorney to respond. This is the type of unexpected “joy” that I suppose all aspects of businesses have to incur. It does not seem fair but that’s just the way it is. Isn't it?
>
> Just more daily fun in the business world. B-)

I hate to say this but...

Besides bringing back more than a few memories of marathon mediation sessions, your post reminded me of the victims of a recent mail bomb in Tennessee. 🙁

> A client's attorney told him that the odds of a California condo developer getting sued within the 10-year liability window are 100%.
I've been told that condos are the worst. Because the chances that at least one unit owner will be an attorney, or be related to one, or have a good friend who is one, is virtually 100%.

Liability insurance should pay these attorney fees above the deductible. So that is reason #1 to maintain such insurance.

> I know a company that was driving past a site where the attorneys were meeting to decide whom to include in the suit. They had zero involvement in the project. Had never been there and had never done anything relating to the project. But because one of the attorneys saw the company name on the side of the truck as it drove past, they were included.
>
> Cost the company just shy of $10,000 to get their names removed from the list.
>
> This is why it is important to get "first dollar defense" coverage on your Professional Liability policy.
>
> Larry P

OK, why do you need to pay $10,000 to clear your name off a suit that you had nothing to do with? Is a court really going to award damages against you for doing nothing?

> OK, why do you need to pay $10,000 to clear your name off a suit that you had nothing to do with? Is a court really going to award damages against you for doing nothing?

Believe it or not, $10K isn't an extraordinarily high retainer.

There was a suit against Halliburton or KBR, some years back, where a lady contractor claimed she had been assaulted overseas while in the employ of that company.
The interesting part of that suit was, after it was dismissed Halliburton or KBR was allowed by some new law at the time to file suit to recoup legal costs.

I wish I could remember more about that, it somehow seems applicable.

"shotgun lawsuit..."

That's how an attorney once described it to me. He stated it's common practice. Name everyone involved, then let the courts weed them out....

Sue EVERYBODY and the ones with the deepest pockets pay the most. Even if you win you still have to pay the attorneys.

Andy

>
> OK, why do you need to pay $10,000 to clear your name off a suit that you had nothing to do with? Is a court really going to award damages against you for doing nothing?

If you don't show up in court to argue why you are not responsible, the court will assume you are. If only one side is present, and that side says you owe, then the court will believe them.

Larry P

You can show up without an attorney, too. I don't see what as worth spending 10K on or how an attorney could have run up that sort of bill, even at $300/hour it's 30+ hours.

Something about this story doesn't make sense, Larry. Sounds like lawyer scare tactics.

You see, in a story like this, it makes it perfectly clear that insurance doesn't do anything for you. you're as likely to be a victim regardless of the circumstances.

I can't imagine one Judge making you accountable if you show up without a lawyer. The moment that you tell the judge that you were never on site, never worked on the site, and had no obligation to any of the parties they'll send you packing.

I want to know this true story...

I would think you could and certainly should retain an attorney for a few hours fee.

Courts aren't about truth and spontaneity - this isn't small claims court like on TV. They are all about following complicated Rules of Procedure that make up moderate size books.

If you show up without a lawyer, you may be told you missed your deadline to file such and such a document, that you are in for the duration, and you won't know how to "properly" challenge the allegations.

Going to court without an attorney is like a layman trying to lay out his own subdivision, get through the reviews, and get it filed. Something (if not many things) will go wrong.