Bailey Engineering & Land Surveying, Inc.

Review: I contracted Bailey Engineering to survey my plat of land and to produce a detailed directional deed of my property. I paid them $6000.00 to do this and they failed to produce a deed and failed to return my money. I did not receive the product or service in which I paid for.Desired Settlement: I would like a full refund of the money I paid to them for services that they did not provide, and in addition to this refund I am asking for the $1100.00 of the Attorney's fees that were paid in an effort to recover either a professional deed or a refund of the entire amount paid for the services. My request is for $7100.00 refund.

Business

Response:

July 5, 2013 Inquiry of July 1, 2013 regarding complaint ID [redacted]. Our reference: [redacted] and [redacted] property survey Regarding the complaint that I did not provide a “professional deed” of the property, as you can see from the documentation submitted from the complainant, our services do not include the preparation of deeds. This project was in 2006. Since 2009, I had received no further contact regarding this project until 2013; the [redacted]’s attorney contacted me via telephone. I explained the boundary issues, in detail, to their attorney and have received no further communication with either the [redacted]s or their attorney until this complaint. The deeds we were provided in 2006 had no metes and bounds descriptions from which preliminary mapping and surveying could be done. After informing the [redacted]s that there was no conclusive evidence to be found to set boundary; this is a boundary dispute between the family adjoiners; they requested additional services in order to reach a conclusion that, in my opinion, cannot be reached without the adjoiners agreement. The requested survey work was performed, with the same results. An itemized invoice was submitted to the [redacted]s and was paid without question. Numerous hours of field surveying, office work, courthouse research, and meetings went into this project, which were itemized on the invoice. The [redacted]s were never billed many of the hours I personally spent on this project, most of the amount they were billed was only what I had paid employees to perform the necessary and the additional requested work in an attempt to resolve their boundary issues. I am certainly willing to work with the [redacted]s to resolve the boundary issues and at that time would be able to provide them with a certified plat, but the monies paid on this project were more than justified. The work was done, employees paid, and the invoicing well below the amount of time spent on the job. Also, I feel that even though their decision to hire an attorney may not have been advantageous to them, I do not feel that I should be held accountable for reimbursement of attorney's fees. If you have further questions, please contact me. Thank you. Sincerely, Richard L. Bailey, P.E., L.S. President Bailey Engineering & Land Surveying, Inc., P.C. ###-###-####

Consumer

Response:

I have reviewed the response offer made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.I am not satisified with this response from the business because we provided a general direction deed in which the property markers were clearly indicated. The adjacent landowner is not the proper channel for acquiring information as to the boundries of this contract in question. When this business entered into this agreement, they were to provide 3 specific directional plats with said latitude and longitudinal directions as to the boundries of this plat of land. They did not provide the service in which I contracted them to do in the amount of time the said contract promised, which is clearly stated in the said contract in question which is provided in this matter. The only work that was done in this was that Richard and his employees took the word of the adjacent land owner and tried to eliminate half of the [redacted] property according to the "word" of the adjacent landowner. There were no plats provided nor maps provided nor responses from anyone. The money was given to this business and no product or services were rendered in this matter. In an effort to recover either the plats or the money paid, there were attorney's fees and unfortunately the attorney passed away and could not continue in pursuing this matter, so the need for reimbursement of the attorney's fees is applicable in this situation.Regards,[redacted]