The Pro Surveying Company I Hired Is Making Threats Against Me.
I hired a licensed Colorado surveying company to complete two Improvement Survey Plats two separate, adjacent fourplex's located in Evergreen CO. It should be mentioned that Improvement Survey Plats are often confused with Improvement Locations Certificates, which only display a structures location on a lot. The first costs thousands each, and the seconds costs hundreds each. The suveying company is located in Metro Denver but has contracts with people who do the survey work in the mountains/foothills outside Denver.
I"m seeking to rezone the lots as they are pre-existing, prior to the first zoning codes, which later came in and only granted duplex zoning, so these are legal, non-conforming but can't be converted to separate up/down "condo" sales as lenders won't loan if a structure can't be rebuilt after a catastrophic loss unless its zoned correctly as their collateral is compromised and that is the case in the county where these are located.
The surveyors first completed surveys had incorrect lot numbers on 6 lots and so I asked that they be corrected. They were corrected and now its seen that an easement is shown on the wrong lot and about 75 ft away from where it should be. Further, its now seen that 3 of the corrected lots were replatted as part of splitting a duplex and have different current legal descriptions than the original lot numbering and are still incorrect.
The surveys have to be presented first at the required Neighbohood meeting on the Rezoning, then to the Planning & Zoning Departments, and finally to the County Commissioners, who have the final decision on whether to allow the rezoning from duplex to fourplex on the pre-existing fourplex's.
I first paid 50% of the total cost. I didn't want to pay more before the surveys were complete and accurate but paid another 25%, at their insistence, to have the first revisions done. Now the surveying company says they won't consider the second revision until its 100% paid, and if I don't pay the final 25% this week that they will send me to "Collections" and "have the survey cancelled". I"m told that if it goes to collections that they can have no more involvement with it, and then I'll have to deal with the Collection Agency solely. It sounds like they had already recorded the first, incorrect version and will record a retraction of sorts if the demand is not met.
If I make the final 25% payment I'll have no leverage to get the job completed and confiden I'll soon find what their fee is to make another revision, and it will go to the back of their workload again.
Submitting inaccurate surveys to the different governmental agencies isn't wise, and I have a sense of being held hostage on the matter. The actual surveyor who did the work asked those above him if he should prepare the revisions and I provide the position those above him are taking against me.
What can I do in this seemingly distorted situation? Having the lot numbers and easement displayed incorrectly on the final work product is of little value to me.