The hook
Surveyors get sued. Understanding the framework is what protects you: standard of care, negligence, errors and omissions, the relationships between contractor, client, and third parties.
Memorize these
Concepts that show up on the exam
Standard of care
What a reasonably competent surveyor in the same locality would do under the same circumstances. The benchmark for negligence claims.
Negligence
Failure to meet the standard of care, causing damage. Four elements: duty, breach, causation, damages.
Errors and omissions (E&O) insurance
Professional liability insurance covering claims arising from professional services. Typically required by clients on commercial work.
Statute of limitations
Time limit for filing suit. State-specific; typically 2-6 years for negligence, but discovery rule may extend.
Statute of repose
An absolute outer time limit, usually 10-15 years from completion of services, after which no suit is allowed regardless of when the defect was discovered.
Privity of contract
Direct contractual relationship between two parties. Historically required to sue for professional negligence; many states have relaxed this.
Vicarious liability
Employer is liable for employee's negligent acts within the scope of employment. The PLS supervising a crew chief is on the hook for the crew chief's blunders.
Don't fall for these
What trips people up
Working without a written contract
Verbal agreements are enforceable but disputed. Without a written scope, fee, and deliverables, every claim becomes a he-said-she-said. Always write the contract.
Letting E&O lapse
Most policies are CLAIMS-MADE — they cover claims filed during the policy period, regardless of when the work was done. Letting coverage lapse exposes you to claims on past work.
Ignoring the standard of care for "small" jobs
The standard of care applies to every signed/sealed survey, regardless of fee. A $500 boundary survey gets you the same liability exposure as a $50,000 one.
Test yourself
How well did it stick?
A quick 5-question check on Liabilities. See where you stand and what to review.