News and Business Information for Surveyors March 2007

Revised and Updated "Field Notes" Newsletter

This is the first in the new series of COPS newsletters for its members. The previous ones were sent in hard copy. These will be sent electronically monthly to the COPS member firms. COPS firms can also add as many on their staff to receive this newsletter as they would like. To add people send their name and email address to ebajer@acec.org. This is a benefit of COPS membership, please don't filter us out.

The following are quotations from court decisions that are helpful in understanding the limits of professional responsibility.

"the general rule is applicable that those who sell their services for the guidance of others in their economic, financial and personal affairs are not liable in the absence of negligence or intentional misconduct ... Those who hire experts ... are not justified in expecting infallibility, but can expect only reasonable care and competence. They purchase service, not insurance." Gagne v. Bertrum, 43 Cal 2nd 481 (1954).

"... those who hire experts for the predominant purpose of rendering special skills cannot expect infallibility. Reasonable expectations, not perfect results in the face of any and all contingencies, will be ensured under a traditional negligence standard of conduct. In other words, unless the parties have contractually bound themselves to a higher standard of performance, reasonable care and competence owed generally by practitioners in the particular trade or profession defines the limits of an injured party's justifiable demands…" Milau v. North Avenue Development, 398 NYS 2nd 882 (1977).

Stakeless Technology: Protecting the P.E. and the Land Surveyor

COPS will make a presentation May 8 at the ACEC convention May 6-9 in Washington, DC on GPS and laser guidance to heavy equipment from a digital terrain model. What is the proper role of the engineer and surveyor with this new technology? Learn how this new model should work. There is much more for the professional at this convention. For the whole program and registration information go to www.acec.org.

COPS/ACEC Sponsors Program for California Surveyors…and Others

"A Look Ahead for Professional Surveyors" is one day conference May 31 (with opening reception the evening before) at the Doubletree Hotel in San Jose, CA. It will feature a luncheon presentation from the chief surveyor of the U.S. Bureau of Land Management, California State office. The COPS Steering committee will cover stakeless surveying/machine control – its role in the future of surveying. RBF Consulting will make a presentation on electronic field books and McKim & Creed will present on the intersection of GIS and surveying and more. The program will begin with a keynote address from NCEES followed by a choice of morning and afternoon breakout sessions. Anyone is welcome to attend. The cost is $45 early registration. Watch www.acec.org for registration and more information.