TERMS OF SERVICE

Barker Land Surveying, PLLC
NC License #P-2853
Effective Date: February 17, 2026

By engaging our services, submitting payment, or accepting a quote, you agree to these Terms of Service. These terms are incorporated by reference into each written quote or proposal issued by Barker Land Surveying, PLLC. The version of these terms in effect on the date of your accepted quote governs that specific project. Subsequent updates to this page do not retroactively modify the terms applicable to previously accepted quotes.

SERVICES PROVIDED

Barker Land Surveying, PLLC provides professional land surveying services in North Carolina, including boundary surveys, topographic surveys, ALTA/NSPS Land Title Surveys, FEMA Elevation Certificates, subdivision plats, recombination plats, and related surveying services.

All services are performed in accordance with:

• North Carolina General Statutes Chapter 89C

• North Carolina Board of Examiners for Engineers and Surveyors Standards of Practice

• ALTA/NSPS Minimum Standard Detail Requirements, where applicable

ALTA/NSPS Surveys

ALTA surveys will include only those Table A optional items specifically selected in writing at the time of engagement. No Table A items are implied or included by default.

FEMA Elevation Certificates

We are not responsible for FEMA flood map revisions, amendments, or Letters of Map Change occurring after issuance.

We are not obligated to provide any services not specifically set forth in the written scope of work provided in your quote.

STANDARD OF CARE

Our services shall be performed with the degree of skill and care ordinarily exercised by members of the land surveying profession practicing under similar circumstances in North Carolina.

Except as expressly stated herein, no warranties, express or implied, are provided.

We do not guarantee specific outcomes or warrant that surveys will resolve all boundary questions or disputes.

SCOPE OF WORK

Each project scope is defined in the written quote or proposal.

Monumentation
Unless specifically stated in the written scope of work, additional monument setting beyond that required by applicable professional standards is not included in the base fee.

Re-Staking and Return Visits
Return visits to re-mark or re-stake boundaries after original delivery are not included in the original fee and will be billed separately.

PAYMENT TERMS

Deposit
A deposit may be required prior to commencement of services, as specified in the written quote or proposal. Deposits are generally required for new residential clients. Deposits may be waived for repeat clients, commercial clients, or at our discretion.

Final Payment
Final payment is due upon delivery of preliminary survey documents unless otherwise stated in writing. Final signed and sealed documents will not be released until full payment is received.

Payment Due Date
Invoices are due within ten (10) calendar days of the invoice date unless otherwise stated in writing.

Late Payments
Past due amounts shall accrue interest at the rate of one and one-half percent (1.5%) per month, or the maximum rate permitted by North Carolina law, whichever is less, beginning on the eleventh (11th) calendar day after the invoice date.

Administrative Late Fee
Accounts more than fifteen (15) calendar days past due may be assessed a fifty dollar ($50.00) administrative late fee.

Collection Costs
In the event of default in payment, you agree to pay reasonable attorney’s fees and collection costs incurred in recovering the amount due, not to exceed fifteen percent (15%) of the outstanding balance, consistent with North Carolina General Statute Section 6-21.2.

No Third-Party Contingency
Your obligation to pay is not contingent upon receipt of funds from any third party.

Disputed Invoices
Written notice of disputed amounts must be provided within ten (10) calendar days of the invoice date. Undisputed portions of the invoice must be paid when due.

Suspension of Services
We may suspend services and withhold deliverables for non-payment.

PROJECT TIMELINE

Estimated completion dates are provided in good faith but are not guaranteed. Delays may occur due to weather, site access limitations, unforeseen site conditions, client delays, or other causes beyond our reasonable control.

CLIENT RESPONSIBILITIES

You agree to:

• Provide site access and necessary authorizations

• Provide available property records and documents when requested

• Respond promptly to requests for information

• Designate a single authorized point of contact

If adjoining property access is denied, boundary results may be limited. Surveyor shall not be responsible for limitations resulting from denied adjoining access.

REPORTS AND DOCUMENTS

Only documents bearing our original or digital seal and signature issued directly by our office may be relied upon. Draft documents are not final.

All documents remain our property and may not be reused, modified, or assigned without written consent.

EXCLUSIONS FROM SERVICES

Unless expressly included in the written scope of work, we do not provide:

• Construction supervision or safety compliance

• Permitting or zoning compliance analysis

• Environmental assessments

• Geotechnical or soils testing

• Underground utility verification beyond visible or marked utilities

We rely on utility markings provided by NC 811 and utility operators and do not independently verify their accuracy.

LIMITATION OF LIABILITY

OUR TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO SERVICES PROVIDED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO THE GREATER OF:

(a) The total fees paid under the agreement, or

(b) Fifty Thousand Dollars ($50,000).

We shall not be liable for indirect, incidental, special, or consequential damages, including lost profits or delay damages.

By accepting a quote and submitting payment, you acknowledge and agree to this limitation of liability.

SURVEY ACCURACY AND LIMITATIONS

Surveys are based on visible evidence and available records at the time of fieldwork.

We do not guarantee resolution of title disputes, discovery of all encroachments, or the accuracy of documents prepared by others.

We do not provide legal advice or title opinions.

UNFORESEEN CONDITIONS

If unforeseen hazardous or materially different conditions are encountered, we may modify the scope of work or terminate services.

TERMINATION

Either party may terminate services upon written notice. Payment is due for all services performed prior to termination and for any documented costs incurred.

CANCELLATION AND REFUNDS

If a deposit was required, it is refundable prior to commencement of fieldwork, less documented costs incurred, including research time, record retrieval fees, administrative preparation, travel, and any third-party expenses.

APPROVALS AND PERMITS

We make no guarantees regarding governmental approvals or timelines.

INSURANCE

We maintain Commercial General Liability, Automobile Liability, and Professional Liability insurance.

INDEMNIFICATION

Each party shall indemnify and hold harmless the other from claims arising from its own negligence or willful misconduct.

DISPUTE RESOLUTION

The parties agree to attempt good-faith negotiation prior to litigation.

If unresolved, disputes shall be submitted to non-binding mediation before filing suit.

This agreement is governed by North Carolina law. Venue shall be Gaston County, North Carolina.

Any claim arising from services provided must be brought within two (2) years of substantial completion of services or delivery of the final survey documents, whichever occurs first.

SUBCONTRACTORS

We may engage subcontractors as necessary and remain responsible for professional quality.

ASSIGNMENT

This agreement may not be assigned without written consent, except assignment of proceeds.

RECORD RETENTION

Project records are retained for a minimum of ten (10) years following completion. Records may be destroyed thereafter without notice.

SURVIVAL

Provisions relating to limitation of liability, indemnification, dispute resolution, and record retention survive completion of services.

SEVERABILITY

If any provision is held unenforceable, the remaining provisions remain in effect.

WAIVER

Failure to enforce any provision shall not constitute a waiver.

ENTIRE AGREEMENT

These terms and the written proposal constitute the entire agreement between the parties.

CHANGES TO THESE TERMS

These terms may be updated periodically. Updates apply only to quotes accepted after the revised effective date.

CONTACT INFORMATION

Barker Land Surveying, PLLC
PO Box 1686
Belmont, NC 28012
Phone: 704-312-0499
Email: info@barkerlandsurveying.com
NC License #P-2853

BY ENGAGING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREED TO THESE TERMS.