RPLS Risk Assessment and Mitigation 3 — Questions and Answers
Question 1: A surveyor is asked to certify a floodplain elevation certificate. Which risk factor is most important to evaluate before accepting this assignment?
- The client's budget for the project
- Whether the surveyor holds adequate E&O coverage for FEMA-related work (Correct answer)
- The color of the flood zone on the FIRM panel
- Whether the property has a basement
Correct answer: Whether the surveyor holds adequate E&O coverage for FEMA-related work
LOMA and elevation certificate work carries specific liability exposure, so verifying adequate professional liability coverage before accepting the project is critical.
Question 2: When a surveyor identifies encroachments during an ALTA/NSPS survey, the risk mitigation step required by the standards is to:
- Remove the encroaching structure before closing the survey
- Depict and note all encroachments on the survey plat and in Table A items (Correct answer)
- Notify the encroaching neighbor directly
- Omit minor encroachments under 6 inches
Correct answer: Depict and note all encroachments on the survey plat and in Table A items
ALTA/NSPS standards require that all observed encroachments be clearly depicted on the survey and referenced in the appropriate Table A items.
Question 3: Which contractual provision most effectively mitigates a surveyor's risk when the scope of work is ambiguous?
- A limitation of liability clause capping damages at the fee paid (Correct answer)
- A broad indemnification clause in the client's favor
- Allowing the client to unilaterally modify the scope
- Omitting any mention of scope to maintain flexibility
Correct answer: A limitation of liability clause capping damages at the fee paid
A limitation of liability clause restricts the surveyor's financial exposure to the amount of the professional fee, a widely used risk management tool.
Question 4: A surveyor is working in an area with known underground utilities. Which mitigation measure is legally required before excavation or probing?
- Contacting 811 (One-Call) to request utility locates (Correct answer)
- Purchasing additional property damage insurance
- Installing temporary fencing around the survey area
- Obtaining a trenching permit from the city
Correct answer: Contacting 811 (One-Call) to request utility locates
Federal and state law requires contacting 811 before any ground disturbance so utilities can be located and marked, protecting crews and infrastructure.
Question 5: A project requires surveys in a jurisdiction with differing state minimum standards. Which is the correct risk mitigation approach?
- Apply the firm's own internal standards regardless of jurisdiction
- Apply the more stringent of the applicable state standards or ALTA/NSPS requirements (Correct answer)
- Use only ALTA/NSPS regardless of state law
- Defer entirely to the client's instructions on standards
Correct answer: Apply the more stringent of the applicable state standards or ALTA/NSPS requirements
Professional practice requires meeting the most stringent applicable standard — either the state minimum or ALTA/NSPS, whichever demands greater precision and disclosure.
Question 6: How does a surveyor mitigate risk when accepting a project that involves a previously surveyed parcel with ambiguous senior/junior boundary rights?
- Ignore prior survey monuments and re-establish boundaries from original deed calls
- Research the chain of title and all prior surveys before setting monuments (Correct answer)
- Set monuments based solely on the client's instructions
- Use the most recent tax map as the controlling document
Correct answer: Research the chain of title and all prior surveys before setting monuments
Researching chain of title and prior surveys allows the surveyor to correctly apply senior/junior rights doctrine, reducing the risk of improper monument placement.
Question 7: Which type of survey deliverable notation best mitigates the risk of a client misusing an as-built survey for property conveyance purposes?
- Adding a bold disclaimer that the survey is for construction purposes only and not a boundary survey (Correct answer)
- Increasing the scale of the drawing
- Providing the survey in PDF format only
- Including the client's name prominently on the title block
Correct answer: Adding a bold disclaimer that the survey is for construction purposes only and not a boundary survey
A clear disclaimer specifying the survey's intended purpose prevents clients from applying it beyond its intended scope, reducing surveyor liability.
A surveyor is asked to certify a floodplain elevation certificate.
Which risk factor is most important to evaluate before accepting this assignment?