[WSBAPT] Collecting damages from surveyor?

[Rick Hoss]

Joe- I’ve defended a couple of surveyors. Your question assumes the later
agreeable survey was correct. One response to a claim might be for the
surveyor to “prove” his survey was correct in your collection action, much
easier than in a boundary dispute with surveyors on both sides. The
surveyor will have much motivation to document the correctness of his
findings. 

I’ve seen contrary surveys prevail, and I have seen hardworking surveyors
dig deep to find supporting authority.

Rick

RICHARD T. HOSS

 <mailto:rhoss at hctc.com> rhoss at hctc.com

HOSS & WILSON-HOSS, LLP

236 W. Birch St., Shelton, WA 98584

Off: (360) 426-2999;  Fax: (360) 426-6715

 

 

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Joe Pew
Sent: Wednesday, August 06, 2014 11:54 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Collecting damages from surveyor?

 

Listmates,

 

Client is trying to sell his home.  In the course of preparing to do so,
Client hires a surveyor who indicates that the boundary is not where
everyone thought it was.  That survey leads to a boundary line dispute
between Client and his neighbors.  In the course of that dispute, a new
survey is done (by a different surveyor) which shows the boundary line to
be back more or less where everyone thought it was.  While that may be the
end of the boundary line dispute, Client paid a few thousand dollars to
the surveyor and has generated a few thousand dollars in attorney’s fees.
He also lost a handful of prospective buyers due to the boundary line
dispute.  

 

Has anyone had a similar situation in which an incorrect survey led to
costs?  Has anyone successfully recovered ‘damages’ from a surveyor?  Does
anyone else have any thoughts?  Please note that Client never signed a
contract with the surveyor.

 

Thanks,

 

Joe

 

 

Joseph N. Pew, V, Esq.

Associate Attorney

Scarff Law Firm, PLLC

3035 Island Crest Way

Suite 201

Mercer Island, WA 98040

206.236.1500     206.382.0245 – Fax

www.scarfflaw.com <http://www.scarfflaw.com/> 

 <http://www.facebook.com/ScarffLawFirm>  Like Us on Facebook

 <http://www.linkedin.com/pub/joe-pew/8/1a8/779/>  Find Me on LinkedIn

 

=======================

- To contact the list administrator, send a message to:
webmaster at wsbarppt.com

- To unsubscribe, send a new email addressed to: imail at lists.wsbarppt.com,
with the following in the body of the message: unsubscribe wsbapt - OR -
send a message to webmaster at wsbarppt.com asking that you be removed from
the wsbapt list.

Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

=======================


- To contact the list administrator, send a message to:
webmaster at wsbarppt.com

- To unsubscribe, send a new email addressed to: imail at lists.wsbarppt.com,
with the following in the body of the message: unsubscribe wsbapt - OR -
send a message to webmaster at wsbarppt.com asking that you be removed from
the wsbapt list.

Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

-------------- next part --------------
A non-text attachment was scrubbed...
Name: winmail.dat
Type: application/ms-tnef
Size: 20395 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20140806/98e570fb/winmail.dat>