The Survey That Missed a Gas Main

Scope first. Table A item 11 obligates the surveyor to show utility locations as plotted by the utility companies and utility features observable at the surface (meters, valves, pedestals, manholes). It does not require, and does not authorize, subsurface detection. If the utility had no record or failed to mark, the surveyor has not breached item 11 by failing to locate a buried, unmarked main.

Where you are exposed is the field note. "Possible abandoned line" recorded and then dropped is a documentation failure: a reasonably prudent surveyor either (a) contacts the utility from the one-call ticket, or (b) puts a note on the drawing ("evidence of a possible abandoned line observed at ... ; not located - utility records requested"). Consider whether that omission falls below the standard of care; that is a fact question, not an admission.

Immediate steps:

• Check the one-call ticket and the utility's response; if the utility was notified and provided a record, your position changes materially.
• Notify your professional liability carrier and follow its directions.
• Freeze the file: original field book, raw data, CAD history, proposal, contracts, emails. Do not "improve" the drawing or the notes.
• Do not admit liability or discuss fault with the developer or contractor; respond factually in writing, cooperate with the investigation, and reserve rights.
• Evaluate the actual cost of the damage against your deductible - a small, well-documented goodwill response is sometimes cheaper than the defense, but only after the carrier is in the loop.

Setback citation. You were not contracted to perform a zoning or setback analysis, and the developer expressly declined Table A item 3. Setback compliance is a zoning/entitlement issue, not a survey measurement issue - unless your survey mislocated the building or the property line, which is checkable against your own field data. Verify the building location from your raw observations first. If your data are correct, the citation is not a surveying error, and the invoice is not subject to a setoff on that basis.

The invoice.

• Re-read the proposal and signed agreement: scope, payment terms, suspension, and the limitation-of-liability or indemnity clauses (enforceability varies by state; have counsel read them).
• Issue a written demand that itemizes the work performed, the acceptance of the survey (the title company relied on it; the deal closed), and the amount due.
• Calendar the prompt-payment / mechanic's lien / retainage deadlines in your state now - the lien right may be the only leverage left, and it expires.
• Do not withhold the survey records the client is entitled to under state board rules as a collection tactic; that converts a contract dispute into a disciplinary complaint.
• Offer, separately and for a fee, to perform the setback analysis the city is asking about - it is legitimate additional work, not a concession of error.

• The seal certifies your work, under your responsible charge. A drawing modified by another party does not carry your certification, and a seal block embedded in a CAD file is not a seal - but the public and the building department will read it as one.
• Send a written cease-and-desist to the architect and copy the developer: demand immediate removal of your firm's name and seal from the modified file and from any issued plan; demand that the edited file be destroyed or clearly marked as not prepared by your firm; require written confirmation.
• Notify your state board if the modified plan has been submitted for permit or if the architect does not comply. Many boards treat unauthorized use of a seal as a violation by the user.
• Do not seal, sign, or "back-review" the architect's edits to smooth things over. You may review and seal work only if you perform responsible charge - that means actually reviewing the changes and being able to defend them, documented.
• Fix the practice for the future: issue CAD files under a short written transmittal/license that states the file is for the recipient's internal use, is not a sealed document, and may not be altered or reissued with your name; consider issuing PDF or a locked/reference-only file for public submittals.