DG
2016-04-05 10:09:15
- #1
Sorry, if I may quickly follow up on this: in NRW every publicly appointed surveyor engineer is insured against at least two property damages up to €500,000 each per year, otherwise one is not even allowed to provide this service or one loses their license as a publicly appointed surveyor engineer.
Setting out from the indirectly placed boundary stone has – I’m going to take a bit of a risk here – 99% not been carried out by a publicly appointed surveyor engineer, because we no longer care about the stones in a new development area, but only about the boundary coordinates (!). Whether stones are (indirectly) placed at the corresponding location or not is at best checked visually or by matching the coordinate in the highest quality work (in NRW mandatory in new development areas, it will be no different in SH).
Secondly, there must (!) be a setting-out sketch (no matter by whom the setting out was carried out!), which must be checked by the client or construction management before the start of construction (!) for gross errors. A deviation of 2m is a gross error that the client can recognize as a layperson within 5 seconds based on a scaled drawing or surveyed sketch. Moreover, such massive deviations can easily be checked based on inspections of any already existing neighbor buildings and/or side/rear boundaries.
In other words – at least three people were fast asleep here.
The fact that a construction company supposedly would go bankrupt here also indicates that the surveyor was cut out – a surveyor (publicly appointed surveyor engineer) is, as noted, insured at least twice annually for €500,000 (status NRW). The deductible is about 5-10% depending on the insurance or a maximum fixed sum of a few thousand euros. If intent is excluded, then an insured publicly appointed surveyor engineer absolutely cannot go bankrupt from such damage.
To me, this sounds exactly like the scenario where the setting-out service – completely legally – was provided by a construction company or similar itself, but this service was not covered by an appropriate professional liability insurance or similar.
If the above facts are correctly stated, this is simply … excluded for any publicly appointed surveyor engineer in Germany. Precisely that quality is what you purchase for next to nothing from a publicly appointed surveyor engineer due to totally plummeted prices. Or you don’t. The result may then look like described above.
Best regards Dirk Grafe
Setting out from the indirectly placed boundary stone has – I’m going to take a bit of a risk here – 99% not been carried out by a publicly appointed surveyor engineer, because we no longer care about the stones in a new development area, but only about the boundary coordinates (!). Whether stones are (indirectly) placed at the corresponding location or not is at best checked visually or by matching the coordinate in the highest quality work (in NRW mandatory in new development areas, it will be no different in SH).
Secondly, there must (!) be a setting-out sketch (no matter by whom the setting out was carried out!), which must be checked by the client or construction management before the start of construction (!) for gross errors. A deviation of 2m is a gross error that the client can recognize as a layperson within 5 seconds based on a scaled drawing or surveyed sketch. Moreover, such massive deviations can easily be checked based on inspections of any already existing neighbor buildings and/or side/rear boundaries.
In other words – at least three people were fast asleep here.
The fact that a construction company supposedly would go bankrupt here also indicates that the surveyor was cut out – a surveyor (publicly appointed surveyor engineer) is, as noted, insured at least twice annually for €500,000 (status NRW). The deductible is about 5-10% depending on the insurance or a maximum fixed sum of a few thousand euros. If intent is excluded, then an insured publicly appointed surveyor engineer absolutely cannot go bankrupt from such damage.
To me, this sounds exactly like the scenario where the setting-out service – completely legally – was provided by a construction company or similar itself, but this service was not covered by an appropriate professional liability insurance or similar.
If the above facts are correctly stated, this is simply … excluded for any publicly appointed surveyor engineer in Germany. Precisely that quality is what you purchase for next to nothing from a publicly appointed surveyor engineer due to totally plummeted prices. Or you don’t. The result may then look like described above.
Best regards Dirk Grafe