Browse Forums General Discussion 1 Apr 14, 2011 6:30 pm SO my Land surveyor that did our Feature/Contour survey got it wrong. Wrong by about 300mm of fall on our block. Now we are facing a $15k bill for re engineering the slab and having a suspended slab over 1/4 of the area. The guy who recommended them said they got his wrong too(He failed to divulge this info prior to today ) Apparently his excavator spent half a day re sitting the levels. Mine just cut to the datum we specified and that was that. Do I have any re course against the surveyor? or is there some BS disclaimer that says "If we mess up we take no responsibility? I'm sick of people who get away with stuff ups and Me being the one who fixes it flips the bill Thanks for any advice /Rant Re: Land surveyor got it WRONG (REALLLY WRONG) 2Apr 14, 2011 7:16 pm I suppose the issue is did the surveyors mistake actually cost you more money. I know you said that the cost of the slab went up $15k but if the survey had been right would the initial estimate for the slab been $15k larger than you were originally quoted. If you can establish the surveyor's mistake has actually cost you more I would be definitly be looking to recover costs from the surveyor. It might be worth contacting the Australian Institute of Surveyors. Here is their web site http://www.isaust.org.au The Harder You Try - the Luckier You Get ! Web site http://www.anewhouse.com.au Informative, Amusing, and Opinionated Blog - Over 600 posts on all aspects of building a new house. Re: Land surveyor got it WRONG (REALLLY WRONG) 3Apr 15, 2011 8:50 am Thanks Bashworth. I've been told that if the survey was correct the levels would have been adjusted, the specified cut made deeper and the cost would have been perhaps$2-4k more than original not $15k. We are now faced with having to use a suspended slab because all of the drainage and plumbing has been laid. Re: Land surveyor got it WRONG (REALLLY WRONG) 4Apr 15, 2011 8:43 pm ** I AM NOT A LAWYER ** Yes, Your surveyor has stuffed up, and as a result (you allege that) you are $15,000 out-of-pocket. If things are indeed as straight-forward as you say, I'd be getting a lawyer to send him a letter of demand to cover the additional costs your builder has billed you for. The letter will sit in your surveyors "in-tray" for approximately 30 seconds before he sends it on to his professional indemnity insurers*. They will have a think about it, send it to THEIR lawyers who will have a think about it, and write a "Statement of advice" back to the insurers. The insurers will get the letter from their lawyers and have a think about it............ Option 1) Their lawyers say "Pay up" ...........They will either pay up (if they haven't gone "over-budget" for the month // the claims manager isn't feeling all "hairy-chested" // they generally feel like it) or they will write back to their lawyers telling them that they are going to ignore their advice and the lawyers are to defend the claim. True story.......The lawyers "Statement of advice" to the insurers will actually be a sound, reasoned and reasonable letter. If, considering all the facts the lawyers actually think you have a good case, they will generally write that in their "Statement of advice" to the insurers, let's face it, it's no skin off their nose either way Option 2) Their lawyers say "Don't pay up"..........They generally won't pay up, (unless they have too much money left in "the kitty" at the end of the month // the claims manager is feeling generous etc ) and your lawyer will receive a letter telling you to naff-off, in which case the ball is now firmly in your court. HINT.....If this happens you still have a DARN GOOD CHANCE of a "negotiated settlement", very, very few of matters like this would end up in court !!! From what you say, if the facts are indeed that simple, the lawyers may just tell the insurers to pay up, $15,000 isn't really worth them fighting that hard for and you do have a pretty good case............. P_D *Something I know a little something about.......... Did I mention that ** I AM NOT A LAWYER ** . Block settled 07 June 2011 Our little piece of the Interwebs on HomeOne....... viewtopic.php?f=31&t=48577&start=0 Re: Land surveyor got it WRONG (REALLLY WRONG) 5Apr 15, 2011 9:34 pm ummmmmmm wow thanks for letting me know i will double check that everything is right with my survey....how frustrating! Make your own Organic Vegetable Patch, Learn How to Build a Pergola http://www.homestyledesign.com.au Re: Land surveyor got it WRONG (REALLLY WRONG) 6Apr 19, 2011 4:55 pm Let us know how this pans out, I would be interested to know. I see two likely scenarios 1 you used a backyard operator and not a Licensed Surveyor 2 it isn't the surveyors fault at all its the engineering buck passing for a poor first slab design The other option a genuine mistake by a competant person, i bet is an outside chance. Re: Land surveyor got it WRONG (REALLLY WRONG) 7Apr 19, 2011 7:45 pm Well, if it's a 'backyard operator' then they really have a leg to stand on. It is illegal for anyone, other than a licensed / registered surveyor, to do such surveys You could have a go at claiming, that's what they have insurance for. However, if you had a had a bigger cut (to avoid the floating section) you would have had greater excavation costs, soil removal costs and costs of retaining wall, or bigger retaining wall at back, so cost difference would not just about comparing different costs of slabs. Re: Land surveyor got it WRONG (REALLLY WRONG) 8Apr 20, 2011 10:01 am soda I see two likely scenarios 1 you used a backyard operator and not a Licensed Surveyor 2 it isn't the surveyors fault at all its the engineering buck passing for a poor first slab design The other option a genuine mistake by a competent person, i bet is an outside chance. The surveyor is a member of : * Association of Consulting Surveyors * Association of Land Development Engineers and are accredited with: * Water Companies * Melbourne Water * VicRoads We're looking into what courses of action we can take. It appears it is likely to be an error from the surveyor, but early signs indicate they will fight it as they claim there is no proof of the levels used or where the original house stood (aside from the details in their survey) since the house has been demolished and the site cut done. Both the builder and excavator agree that the levels were not true. They are both separately contracted by Myself and had never worked together. The design has been checked according to the survey and soil test by an independent engineer who said the design is if anything over done for the details provided. The Engineers reason for this was that because the new slab was going over the site of an existing slab he built in some extra leeway. Better to be safe than sorry apparently Re: Land surveyor got it WRONG (REALLLY WRONG) 9Apr 30, 2011 10:44 am chrisandkate .........It appears it is likely to be an error from the surveyor, but early signs indicate they will fight it as they claim ..... No, I can assure you that they will have no say at all in "fighting your claim" !! Once the letter from your lawyer lands on their desk a copy of it will be in the hands of their professional indemnity insurers as fast as Australia Post can get it there !! It's like if you hit someone else's car and did a big heap of damage. When you get the bill from their insurance company, what do you do ? You don't write letters denying what happened and telling them to take you to court.....You just pass it all on to your insurance company and accept that next year you'll lose one-year of your no-claim-bonus !! The surveyor will do just the same thing !! P_D . Block settled 07 June 2011 Our little piece of the Interwebs on HomeOne....... viewtopic.php?f=31&t=48577&start=0 If so what were the "special circumstances" under which it was granted? "Note: If the development consent is for 'dual occupancy' an owner-builder permit can only be… 0 14069 Unless the room is for storage then it's non compliant BCA V2 2019 S3 P3.8 You have 2 options 1. The builder deconstructs the section and rebuilds as per plan /… 7 10683 2 31344 |