Old TPM new PLS

[JasonCamit]

I have been approached by a property owner that has purchased a real property. This property has a TPM that is currently in process for approval. The PLS tha has prepared this TPM did not come to terms with the new property owner to complete the TPM or to finalize the PM. I have been asked to give a cost to complete. Here are the questions.

1. What does the law rule on proprietary rights on the TPM?
2. Does the new owner have any obligation to adhere to the agreement made with the old PLS?
3. Professional speaking, I have been told and agree to talk with the old PLS, as a profressional courtesy?
4. How does the attached court verdict apply to this situation?

[JasonCamit]

that nobody has any comments on this thread. I am sure that in this economic downturn, surely some of you out there have been approached in a circumstance similar to this.

I have not been able to reach the previous PLS on this project. Although I can use the money, I am not willing to put my reputation/license at risk to make a buck. I have informed the new owner. Hopefully he can come to terms with the previous PLS.

[Ian Wilson]

I have seen many instances where the LS who prepared the TPM and the LS who prepared the PM were not the same. They are two different functions.

The verdict, while similar in that a tentative and final map were involved, does not address your situation. The PM you will be preparing will be BASED on the TPM, but will be using data of your own collection in the field.

As long as the contract between the previous surveyor and the client did not include the PM, there is no issue. Even ifthere were, the client has a right to terminate the contract and have another surveyor complete the project.

Your only ethical responsibility would be to make sure that the previous surveyor knows of the change in surveyors and has been paid for their work. (that last it is really common sense...a client who won't pay the previous surveyor will probably find a way to not pay you, either!)