Tennessee Questions Contracts, Grandfathered PEs, Right of Entry
I’m having a difficult time finding clear answers to some elements of TN law. If anyone would be willing to help me out, it would be greatly appreciated.
Grandfathered Engineers – in 1999 HB0960 and SB1282 proposed an amendment to TN 62-18-109 to allow PEs who were actively engaged in land surveying prior to March 1, 1979 to be issued licensure as a PLS. I don’t see anything in TN 62-18-109 to suggest it passed. Are there PEs in Tennessee who were grandfathered? If so, what is the date?
TN Land Surveyor / Client Contracts – I haven’t had much luck finding anything about contracts in TN. I looked through the 62-6 but it seemed specific to contractors. Is it a requirement, board or otherwise, that PLS must have a written contract in order to provide land surveying services in TN? Is the contract only necessary for purposes of filing an enforceable lien?
Right of Entry – My interpretation of TN 62-18-124 is that it is not a requirement to provide written notice to adjoiners prior to commencement of a land survey but it is a requirement to provide written notice to absentee adjoiners if, during the course of the survey, the PLS discovers evidence of a discrepancy or adverse possession/claim. Is this a correct interpretation?
Thank you
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