Jarrard v. Seifert

Ernest Jarrard, a real estate developer, and Paul Putnam, a contractor, formed a joint venture to construct nine fourplexes on property located at 44th Street and Bridgeport Way in Pierce County. It was a condominium-type arrangement with each fourplex to be sold with the land beneath it only, and a common, undivided interest in the surrounding property. In the spring of 1973, Mr. Jarrard employed the defendants, Seifert, Forbes & Berry, an architectural, engineering, and land survey firm, to draw up a site plan, place the fourplexes on the limited-size property, lay out the parking, and secure the approval of the county authorities for said site plan. The defendants prepared a site plan, submitted it to the county, corrected it because of some objections, and it was approved. The defendants were further employed to prepare precise legal descriptions for each fourplex and to place stakes on the ground in conformity with the descriptions. The defendants did not check the preliminary title report or consult the auditors office to ascertain whether there were any easements. The legal descriptions were prepared and the stakes set. At about the time the stakes were set for fourplex "D", a manhole was discovered by the surveyor, Mr. Cantor, who brought it to the attention of Mr. Putnam. Mr. Putnam immediately went to the Westside Water District office, where he talked with Mr. Bleecker, the manager, who in turn came to the site and brought his maps which showed an easement and a sewer line. He discussed the matter with Mr. Cantor. There is a conflict in the evidence as to whether or not Mr. Putnam was present during all of that conversation. Mr. Cantor reported to Mr. Berry of defendants firm, but nothing further was done by the defendants. The stakes were not removed. Approximately 2 weeks later, Mr. Putnam commenced constructing the fourplexes, including "D", on the land staked by the defendants. When the fourplex "D" was nearly completed, it was discovered