Claiming Reimbursement of Cost from an Inaccurate Survey done by Surveyor?

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  Jimothy Wongingtons on 05/11/2022 - 11:52

  +2

  What did the contract say about disclaimers

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  kennyboi on 05/11/2022 - 12:03

  +1

  I didn't signup directly with them. It was via Builder A but I ended up with Buider B. Does that mean I am screwed?

  • 

    bobbified on 05/11/2022 - 12:21

    +2

    Builder A used their own surveyor to do an initial design and then you ditched them, but re-used their report to engage Builder B ? lol

    • 

      kennyboi on 05/11/2022 - 12:45

      +1

      I paid for the survey via Builder A. It was agreed there was no string attached and I get to own the survey for future use.

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  AndyC1 on 05/11/2022 - 12:21

  +1

  Surveys are normally for where the property boundaries are and mainly to check if the fences are if fact on the boundary or not.

  As such I would not expect anything outside the boundary or inside the boundary to be brawn to scale.

  • 

    happydude on 05/11/2022 - 14:11

    +1

    I agree. Would seem out of scope.

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  payless69 on 05/11/2022 - 15:24

  Can only argue for QLD. Court is a painful action, if they think they want to do them way too many underemployed lawyers some work creation they make you bleed till you give up. In my case 2 years of preservation and the builder went bankrupt so I did not have to pay for work that was not done.

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  cameldownunder on 05/11/2022 - 20:03

  so I did not have to pay for work that was not done

  +100

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  bluegumflat on 26/12/2022 - 09:03

  Posters are right in that including neighbouring trees may not have been in the scope of the survey instruction. Generally, surveyors won’t survey neighbouring structures unless specifically asked or it is very clear to them they would be required (and they are diligent and professional). The surveyor would need to know where the extension is planned in order to know certain neighbouring structures are important - and that isn’t always the case. the survey gets expensive if it tries to cover all options. Often the instruction is very basic - just to get the process going at low cost for some rough concept plans.

  Perhaps your issue is with the new designer? Did they not visit the site and see the trees? Can they realistically place all blame on a survey plan done under an unknown instruction via a third party no longer involved in the process?

  Designers/architects usually have their preferred surveyors as it comes with a level of trust and specification requirement understanding. They are hesitant to use other survey plans - especially as they don’t know the specifications of that survey instruction. You are right in that the survey plan is yours to keep and reuse if you change designers, but there are some risks in doing that.

  That shouldn’t stop you asking the question ‘was the surveyor negligent?’. You could give them
  a call and ask why the trees weren’t shown. You could argue not including them was a lack of due care. If it was signed by a registered surveyor you could approach their professional body in your state for guidance. Then decide if it is worth pursuing. Or you could argue with your builder that they have a duty of care here too and perhaps should give you a better price on the redesign.

  Building and extending is frustrating stuff fraught with problems. I feel for your situation. I have done both extend/renovate and new builds and OMG I don’t think I could do it again. It takes a piece out of you every time. Choosing to hire trades and professionals with better qualifications and reputations helps - mostly. But you pay for it.

  Good luck.