The Nevada Connection – April 2022

In July 2019, Mr Caster was hired to perform a boundary survey on a property and requested, through email, that Mr Caster locate property corners, stake them, and create an exhibit. Mr Caster completed the boundary survey in August 2019. In September 2019, the client requested Mr Caster to perform a topographic map and encumbrance survey. The survey was completed in October 2019. In June 2020, the project had been through the design and review process and subsequently permitted.

During construction, it was discovered that Mr Caster’s survey was “busted” horizontally by approximately 6 feet and vertically by 7 inches. In June 2020, Mr Caster was made aware of the error. Subsequently, the client, through his company, filed a court action for damages against Mr Caster. In February 2021, Mr Caster filed for bankruptcy.

Mr Caster planned to use the boundary survey as the basis and control for the topographic survey, but Mr Caster did not perform the topographic map himself. Rather, Mr Caster had an employee of his company that is not a Professional Land Surveyor do the field work and create the map. Mr Caster failed to notice the errors in the topographic survey, and Mr Caster’s failure to maintain responsible charge of the work performed resulted in the errant map being released to the client.

No formal contract was executed between Mr Caster and the client. Mr Wagner and Mr Caster exchanged emails for surveying services, including the scope of the project, cost, and time frame. Mr Caster indicated to client that a contract for the work would be forthcoming, but no contract was ever presented to the client. Additionaly, Mr Caster did not disclose to the client that he did not have professional liability insurance until after the damage was done.

Pursuant to NAC 625.640, a disciplinary was resolved without a formal hearing by a Stipulated Agreement. In the settlement agreement with the board, Mr Caster stipulated that he violated NRS 625.410(2) and  NRS 625.565 (2), as he was grossly negligent in fulfilling his obligation as demonstrated by not being in responsible charge of his employee’s work. Mr Caster further stipulated that he violated NAC 625.545 by failing to provide an appropriate written contract to a client prior to completion of work he performed.

The following terms were imposed in Stipulated Agreement between Mr Caster and the State Board:

1. Mr Caster’s Nevada license shall be suspended for three (3) years following entry of this Agreement, pursuant to NRS 625.410 (2) and NAC 625.530, but with the suspension stayed and probation imposed for the duration of that time period.
2. Mr Caster shall submit detailed bi-monthly probation reports to the Executive Director of the State Board, which shall report any work completed in Nevada during the previous two (2) month period. The first report shall be due within two (2) months of the effective date of this Stipulated Agreement. Further, when stamping any work in Nevada, Mr Caster shall have his work reviewed by another Nevada licensed surveyor, and the cost therefor shall be paid by Mr Caster. When submitting his bi-monthly probation reports to the Executive Director, said reports shall include an attestation of review from the Nevada licensed surveyor for any work listed in the probation report that required a  stamp  by Mr Caster.  A probation  report shall  be filed  even ifno work was performed  in Nevada during the previous two (2) month   period.
3. Mr Caster’s successful completion of probation is expressly conditioned upon his full compliance with the following conditions of probation:

(a) Mr Caster shall pay a fine of Five Thousand and No/100 Dollars ($5,000.00), payable in ten (I0) quarterly payments of Five Hundred and No/I 00 Dollars ($500.00) apiece, the first due three (3) months from the date of acceptance and execution of this Agreement by the State Board, and the final due thirty (30) months from the date of acceptance and execution of this Agreement by the State Board.

(b) Mr Caster shall pay the State Board Two Thousand One Hundred Twenty-Seven and 50/100 Dollars ($2,127.50) as reimbursement of legal and administrative expenses expanded by the State Board in this matter, within six (6) months of acceptance and execution of this Agreement by the State Board.

(c) Mr Caster shall provide to the State Board staff, within thirty (30) days of execution of this agreement by the State Board, an attestation that he has reviewed the current statutes under NRS Chapter 625 and regulations under NAC Chapter 625.

(d) Mr Caster shall prepare a White Paper and submit it to the Executive Director of the State Board within sixty (60) days of the State Board’s approval of this Stipulated Agreement, for State Board review and approval, on the meaning of being in responsible charge of land surveying, as it is defined under Nevada law.