Surveyor Sued After Erroneously Plots Points for Construction

Design build contractor responsible for surveying activities of a coastal commercial property in Florida.  Surveyor plots the points for the construction of the building and foundation.  The foundation is laid with sub-terrain electrical and plumbing complete. The contractor discovers that the surveyor failed to take into account the required municipal 2 feet setback and construction comes to a complete halt.  The only fix is to tear out the foundation, electrical and plumbing that was already installed.  Surveyor and their carrier went silent shortly following the discovery.  Suit filed against surveyor and carrier, triggering Contractor’s Protective and Rectification.  Cost of tear out and reinstall in the correct place was small in comparison to the delay damages claimed by owner.  Foundation, plumbing and electrical came in at about a million, with the delay damages claimed in the $5 million range.

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