That old client could cost you your license

[land butcher]

re Ca Surv Fall 2012
That old client could cost you your license.

This article, along with 'Ca places client defense burden.....", makes me wonder where our protections are from circumstances beyond our control.

This is not the first time I have heard of this dead project - file RS requirement. It has been around before and I have to ask when it will be addressed. When a project dies many times the client has his main company protected by placing every project in its own LLC, so when the project dies so does any liability connected to the project. Corporation protections are out of control and corporations should be reverted back to their original temporary existence, but that's another subject. Many times this leaves the design professionals holding the empty bag for the services they already provided and now our government wants to make it worse by requiring a RS for the survey and charge upwards of $2000 to review it. Times are tough and agencies are looking for any income they can generate. IMO the County Surveyor has no business reviewing a RS, it's a Record of Survey that's all, but again that's another subject.

A surveyor did a survey, did he set any monuments? If not, where does the RS requirement come from?

As it stands now every Surveyor and Engineer needs/needed to get a deposit or bond from his client to cover the cost of filing a RS if the local agency requires it. Good luck as only a few will do it unless it's made a legal requirement. I hate new laws but when the government requires us to take responsibility for circumstances beyond our control then we have to have another law.

[Josh Tatman]

A surveyor did a survey, did he set any monuments? If not, where does the RS requirement come from?

Land Butcher, attached hereto is an opinion by BPELS discussing a few scenarios where the surveyor doesn't set monuments… It might be relevant to go read Business and Professions Code §8762 (b) 1-5. Or better yet go broke and read §8700-8805 attached hereto also.

[land butcher]

I guess I worded that wrong. I know there are a number of things that trigger a RS, that is not the point of this thread.

The point is, that due to circumstances beyond our control we are not only left holding the empty bag but having to pour more unbillable time into dead projects.

Those of you with the college educations and alphabets after your names should be finding a way to eliminate or lessen this impact on you and your brethren.

I can't understand why professionals with gobs of insurance to cover other things would allow a hammer like this to be held over their heads.

Having a number in the 4000's I could care less, but you youngn's with 8000 numbers or someone like Dave might want to do something about this.

Trying to get a client to give you a deposit or bond for a "possible" RS requirement that lays no liability on the client is a "pie in the sky" solution.

[generosecrans]

And if you think that is wrong... try this. Your map says that you will set monuments, the client posts a bond for the monuments with the local agency, many years go by before the developer finishes the road improvements... and the city releases the bond before you set the monuments because they can't hold the bonds forever.... and the city says that you signed a map that you will set the monuments... and if you don't do it timely they will report you to the board. The developer smiles because his LLC went bust.

[land butcher]

These examples are reasons why medical malpractice in CA is limited to $250,000.00 and lawyers don't have these hammers over their heads.

Wake up surveyors, time to get laws written to protect you.