PS Module 4: Business Practices

What are the Model Rules of Professional Conduct regarding conflicts of interest?

A surveyor must not accept an engagement where they have a direct or indirect financial, personal, or business interest that could impair their professional judgment. If a potential conflict exists, the surveyor must disclose it to all parties and either withdraw or obtain written consent to proceed. The surveyor's primary duty is to the public, regardless of who is paying for the survey.

What is the duty to report violations of professional conduct?

Most licensing jurisdictions require a surveyor who becomes aware of a violation of the surveying laws or rules of professional conduct by another licensee to report it to the licensing board. This duty exists to protect the public. Failure to report may itself constitute a violation. The report should be factual and based on personal knowledge, not speculation or competitive animus.

What is the unauthorized practice of surveying?

Performing acts that constitute the practice of surveying — such as establishing boundary lines, setting monuments, certifying plats, or rendering opinions about boundary locations — without a valid license in the jurisdiction where the work is performed. This is a violation of law (typically a misdemeanor) and can result in fines, injunctions, and civil liability. Technicians may perform measurements under the responsible direction and supervision of a licensed surveyor.

What are the surveyor's obligations regarding the seal and signature?

A surveyor must only seal and sign work that was: (1) performed by them or under their direct supervision, (2) within their area of competence, and (3) meets applicable standards. The seal and signature certify that the surveyor takes professional responsibility for the work. Sealing work prepared by others, or allowing others to use one's seal, is a serious violation. The seal must comply with the format requirements of the licensing jurisdiction.

What is a lien and when might a surveyor file one?

A lien is a legal claim against property to secure payment of a debt. A mechanic's lien (or similar statutory lien) may be available to a surveyor who has performed work on or for real property and has not been paid. Requirements vary by jurisdiction but typically include: (1) work must improve or relate to the property, (2) timely filing (strict deadlines), and (3) proper notice. Surveyors should understand their lien rights as a collections tool.

What is the "standard of care" for a professional surveyor?

The standard of care is the level of skill, knowledge, and diligence that a reasonably competent surveyor in the same community, at the same time, under similar circumstances, would exercise. It is NOT perfection — it is competence. A surveyor who meets the standard of care is not liable even if the result is later found to be incorrect. The standard is judged by peer practice, not by hindsight.

What are the key elements of a valid contract for survey services?

(1) Offer and acceptance (mutual assent), (2) Consideration (exchange of value — services for payment), (3) Legal capacity of the parties (competent adults or authorized entities), (4) Legal purpose (not for an illegal objective), and (5) Definite terms (scope of work, deliverables, compensation, timeline). Written contracts are strongly recommended to avoid disputes over scope and expectations.

What is professional negligence in surveying?

Professional negligence requires proving: (1) the surveyor owed a duty of care, (2) the surveyor breached that duty by failing to meet the standard of care, (3) the breach caused harm (causation), and (4) actual damages resulted. The plaintiff must typically establish the standard of care through expert testimony. Simply having a survey error does not automatically constitute negligence — the question is whether the surveyor acted as a reasonably competent professional.

When can a surveyor serve as an expert witness?

A surveyor may serve as an expert witness when their specialized knowledge, skill, experience, or training in surveying would help the court or jury understand the evidence or determine a fact in issue. The surveyor must be qualified by the court, must give opinions based on reasonable professional certainty, and must not advocate — the expert's duty is to inform the trier of fact, not to argue a party's case.

What is the surveyor's duty to the public vs. duty to the client?

The surveyor's primary duty is to the public welfare and safety, which takes precedence over duties to the client or employer. If a client requests the surveyor to do something that would be harmful to the public, violate the law, or constitute professional misconduct, the surveyor must refuse. Examples: signing a plat the surveyor did not prepare, certifying work that does not meet standards, or ignoring evidence of encroachments that affect neighboring owners.

What types of professional liability insurance should a survey firm carry?

Key types include: (1) Professional liability (errors and omissions) — covers claims of negligent professional services, (2) General liability — covers bodily injury and property damage, (3) Workers' compensation — required in most jurisdictions for employees, and (4) Automobile liability — for vehicles used in the business. Professional liability insurance is the most critical for survey firms because it covers the primary risk: claims arising from professional opinions and work product.

What record-keeping obligations does a surveyor have?

A surveyor should retain: (1) field notes and raw observation data, (2) computation records and adjustment reports, (3) research materials gathered for each project, (4) correspondence with clients and other parties, (5) copies of all deliverables (plats, reports, descriptions), and (6) contracts and invoices. Records should be kept for a minimum period defined by jurisdiction (often 10+ years) or longer if the statute of repose applies. Records may be needed to defend against future claims or assist future surveyors.

What is a scope of services document and why is it important?

A scope of services document clearly defines what the surveyor will and will not do for a project: deliverables, accuracy standards, research depth, fieldwork extent, certifications, timeline, and fee. It is critical because most disputes between surveyors and clients arise from misunderstandings about scope. A clear scope protects both parties and is the basis for determining whether the surveyor fulfilled their contractual obligations.

What is the difference between a statute of limitations and a statute of repose?

A statute of limitations sets a time limit for filing a claim from when the injury was (or should have been) discovered. A statute of repose sets an absolute deadline from when the act occurred (e.g., the date the survey was completed), regardless of when the injury was discovered. The statute of repose provides ultimate finality — even if a survey error is not discovered for 20 years, the claim may be barred if the statute of repose has run.

What ethical obligations does a surveyor have when they discover their own error?

The surveyor must promptly notify all affected parties (client, adjoining owners, public agencies that relied on the work) and take corrective action. Concealing or failing to disclose a known error is a serious ethical violation. The surveyor should correct the work, file amended records if appropriate, and bear the reasonable cost of correction. Professional liability insurance typically covers the cost of correcting errors.

What is responsible charge in the context of survey practice?

Responsible charge means the direct control and personal supervision of surveying work by a licensed surveyor. The surveyor in responsible charge must be actively involved in the project — reviewing field procedures, checking computations, evaluating evidence, and making professional judgments. They cannot merely review final deliverables prepared by unlicensed staff without meaningful involvement throughout the project. Rubber-stamping is a violation.