Change of signature/tags

[TIB]

I performed a survey (ROS required) at the request of, and under the direction of another LS. The landowner was his client. The other LS agreed to review, sign, stamp and record the ROS.
The other LS and the landowner have had a falling out and are now unhappy with each other.
I have been asked, by both parties, to complete the ROS. I do not object to this since I did all the field work and prepared the ROS anyway. and will be compensated for my work.
All I will need to do is change the Surveyors Certificate to reflect my signature and responsibility for the survey. I'm OK with that. So is the other LS.
But, (there's always a but), all the set monuments (19 different 2" IP's with tags set in concrete) were set with the tag of the other LS. Although I am willing to take responsibility for and record the ROS, I (obviously) do not wish to have to replace his tags with mine. 19 pipes is a lot of work that I'm hoping will be unnecessary
What can/should I do?
What are my options?
What is the proper procedure?
Thanks
TIB

[Ric7308]

Based on what you have presented the "primary" LS COULD be already contractually bound and IS already legally bound to file the RS.

Did the "primary" LS have a contract with the landowner that included filing an RS?

Did you have an agreement with the "primary" LS? If so to both questions, then it could reasonable to believe that you were working under the responsible charge of the "primary" LS.

Does the "falling out" have anything to do with the results of the survey?

A couple of options that I can see...

1. Prepare the map for the "primary" LS to sign and if not, the "primary" LS needs to fully consider the legal foothold he/she has in not fulfilling his/her professional obligations.

2. Replace the tags with your tags and prepare the map for your signature at the request of the "primary" LS. You do not have a contract with the landowner and therefore the survey was performed at the request of the "primary" LS. (Business sense would dictate that you would charge both parties with the time and expense necessary to finalize their obligations)

3. Prepare and file an RS under your own signature depicting all the monuments as "Found 2" IP with tag LSXXXX set in concrete, No Record". Problem I have with this scenario is that your filed RS does not relinquish the "primary" LS of his/her responsibilities and serves to forever perpetuate his/her failure to comply with the law.

A "falling out" may be a difficult path to support for failing to comply.

[E_Page]

Question/Comment for Ric:

You said "Business sense would dictate that you would charge both parties with the time and expense necessary to finalize their obligations".

I'm certain that your statement referred to billing with joint responsibility for payment between the other LS and the client, and not to double billing. Just thought I'd make that clarification for you.

IMO, TIB's agreement and working relationship was with the other LS and not directly with the client. Under the current working relationship, TIB should bill only the other LS who might then decide to bill the client.

It might make more business sense for TIB to enter into a contract directly with the client to complete the work and include the cost of replacing the tags. In fact, unless TIB has had a previous contractual relationship with the client and he chooses to work directly for the client on this one, it would be required, right?

Part of setting up that contract for TIB should include written releases from the other LS and client to each other from the contract they had, and perhaps a release from the other LS to TIB releasing him from their previous agreement.

TIB, I bet you didn't know that refereeing a disagreement between another professional and his client would be one of the professional activities you would be called upon to do when you were working toward that license, did you?

[Ric7308]

Yep, you are correct Evan...I was not promoting double billing. I was looking at it from my perspective if I was TIB and the fact that extra work would need to be performed (field to replace tags) due to the landowner and the first land surveyor not able to work past their differences.