Introduction
This is Part 2 of Landon’s essential contracts series, and it gets into the surveying-specific stuff that can absolutely destroy your business if you get it wrong. While Part 1 covered general contract fundamentals, this episode tackles seven critical considerations that are unique to land surveying contracts—from dealing with unforeseen subsurface conditions to protecting yourself when third parties rely on your work without ever signing an agreement with you. Landon also breaks down the legal doctrine of “privity of contract” and explains why it doesn’t protect you nearly as much as it used to, plus what you can actually do about it. If you’ve ever had a client’s lender or buyer claim your survey was negligent even though you never had a contract with them, this episode explains exactly how that’s possible and how to minimize your exposure.
Key Takeaways
- Precise scope definition prevents 90% of contract disputes – Landon emphasizes you must clearly detail the type of survey (boundary, topographic, ALTA, etc.), specify which standards you’re following (ALTA/NSPS, state DOT, ASPRS accuracy standards), and list exact deliverables (signed PDF? CAD file? Technical report?). Vague language like “typical survey” guarantees future conflict.
- Ownership and licensing of digital deliverables is increasingly critical – Who owns the copyright to your survey maps, plats, and digital files? If you’re licensing them to clients, what can they do with them and what rights do you retain? Landon promises a full future episode on digital data ownership because it’s complex and getting more important as everything becomes digital.
- Rights of entry and site access must be addressed upfront – Your contract needs to clarify whether the client is guaranteeing you access to the property, what happens if you can’t access it, and who’s responsible if you get denied entry. Don’t assume you can just walk onto any property.
- Third-party information reliance requires explicit disclaimers – When clients provide you with previous surveys, title reports, or other data to rely on, your contract must state you’re relying on that information “as provided” and aren’t verifying its accuracy. Otherwise you could be liable for errors in someone else’s work.
- Unforeseen conditions language protects you from scope creep disasters – Subsurface utilities, buried monuments, denied access, unexpected boundary disputes—your contract needs to spell out that discovery of unforeseen conditions allows for scope and fee adjustments. Without this, clients will argue you should have anticipated everything.
- Standard of care provisions keep you out of warranty territory – Your contract should state you’re providing services consistent with the “standard of care” practiced by other professionals in your area, NOT guaranteeing a specific result or warranting perfection. Huge legal difference.
- Privity of contract has been eroded and no longer protects you like it used to – The traditional legal doctrine that “you can’t sue me if we don’t have a contract” has been weakened by negligence theories, foreseeable reliance arguments, and third-party beneficiary claims. You need proactive language in your contracts about who can rely on your work.
- Contract documents include MORE than just your proposal – Your contract documents might include the client’s RFP, email exchanges, the title report you were provided, previous surveys—basically anything that defines your obligations. Landon recommends explicitly listing what IS and ISN’T part of the contract documents to avoid surprises.
Timestamps
- 00:00 – Introduction and Patreon appeal for podcast support
- 03:00 – Overview: Seven special considerations for land surveying contracts
- 04:40 – #1: Precise scope definition (type of survey, standards, deliverables)
- 06:10 – #2: Ownership and use of data in deliverables
- 07:15 – #3: Rights of entry and site access
- 08:45 – #4: Third-party information and reliance disclaimers
- 11:30 – #5: Unforeseen conditions and scope adjustment triggers
- 14:20 – #6: Standard of care vs. warranty language
- 18:00 – #7: Third-party reliance on your surveys
- 21:30 – Deep dive: What is privity of contract?
- 24:45 – How privity of contract has been eroded over recent decades
- 28:15 – Three ways third parties pierce privity: negligence, foreseeable reliance, third-party benefit
- 32:40 – How to mitigate privity of contract risk in your agreements
- 37:20 – What are “contract documents” and why it matters
- 42:15 – Review of seven special considerations
- 44:30 – Preview of upcoming episode on digital data copyright and licensing
- 45:00 – Closing and reminders
Resources Mentioned
- Episode 35: Understanding Contract Basics (For Consulting Land Surveyors) – Part 1 – The foundational episode covering general contract principles that this episode builds upon
Why This Episode Matters for Small Business Owners
Even if you’re not a land surveyor, this episode demonstrates how to think about industry-specific contract risks in professional services. The seven considerations Landon outlines for surveyors have direct parallels in other consulting fields:
For architects and engineers: The unforeseen conditions language applies to your work too—foundation issues, code changes mid-project, client-provided information that’s wrong.
For IT consultants: The ownership and licensing of deliverables (software, systems, documentation) is just as critical as it is for digital survey files.
For any consultant who works with third parties: The privity of contract erosion affects you. If you do work for Client A, and Client A’s lender/investor/partner relies on your work and something goes wrong, you could be sued even without a direct contract.
The real value here is Landon’s framework for thinking through what’s unique about YOUR profession and making sure those unique risks are addressed in your standard contract template.
What Landon Actually Says (Direct Quotes That Matter)
On the importance of contracts: “Contracts are a really important part of managing a small land surveying business, one of the most important parts primarily because they can help you manage your liability and they can also help you keep good relationships with your clients.”
On learning about contracts: “Most of what I have learned about contracts I have learned by being a member of the American Council of Engineering Companies… Surveyors aren’t very good about business management or just being professional. We tend to be kind of crusty dirty hermits.”
On precise scope: “Most problems in contracts are caused by poorly defined scopes. So don’t make that mistake.”
On standard of care: “Talk about the standard of care you’re going to meet. Any specifications or standards that you’re going to follow.”
On contract documents: “Your contract documents are going to determine if you’ve breached your contract or been negligent. So what’s included in that definition of contract documents is important.”
Your Homework This Week
Landon doesn’t explicitly assign homework in this episode, but the implicit action item is clear:
Review your standard service agreement for the seven surveying-specific considerations:
- Do you control who can rely on your surveys?
- Do you have precise scope definitions?
- Do you address ownership and licensing of deliverables?
- Do you clarify rights of entry and site access?
- Do you disclaim reliance on third-party information?
- Do you have unforeseen conditions language?
- Do you specify standard of care (not warranties)?