Professional Negligence Law Reporter

Towers Timber Co., a developer, contracted with All-American Surveyors of Florida, Inc., to provide a topographical survey on a piece of property. Towers Timber instructed All-American to provide the survey using 1988 data. All-American employee Michael Garrett produced the survey to be submitted to the county. The following month, Towers Timber contracted with North Florida Engineering Services, Inc., to produce a topographical engineering report using the 1988 data. North Florida Engineering employees Brian Acosta and Michael Light produced the report, and Light sealed the plans. Towers Timber then sold the land.

Approximately two years later, it was revealed that the survey and engineering report were based on 1929 data, which made the project’s topographical elevation figures inaccurate. Towers Timber was forced to elevate the topography of the property using fill dirt and relinquish development of two lots on the property.

Towers Timber sued All-American, Garrett, Acosta, Light, and North Florida Engineering, alleging breach of contract and professional negligence. Suit claimed that the defendants had failed to use the correct year when entering data points into the computer system used to produce the topography survey and report.

All-American, Garrett, and Acosta settled confidentially. The jury rendered a default judgment against North Florida Engineering for more than $430,000.

Citation: Towers Timber Co., LLC v. All-American Surveyors of Fla., Inc., No. 2015-CA-008128 (Fla. Cir. Ct. Duval Cty. May 7, 2021).

Plaintiff counsel: AAJ member Thomas S. Edwards Jr. and AAJ member Michelle H. Martino, both of Jacksonville, Fla.