I basically choose to settle 100% of the time because legal costs are almost always more expensive than the cost of making it go away. It's a shame, but not sure the solution.
The only time we can't settle is if the lawsuit claims "negligence".
Mistakes happen quite often in Land Surveying.
Its the "nature of the beast",especially in the 13 colonies,where everything follows Old English Common Law and relies on surveyor's expertise in interpreting information.
Its actually possible for 2 surveyors to arrive at different answers,yet both be correct.
That's why we have to separate what is an "honest mistake" from "negligence".
Negligence usually results in higher monetary penalties.
It can also result in a license suspension.
So its quite common to include it any complaint.
Usually one side,the other or both will retain an expert to confirm an error and determine whether they feel a mistake was due to negligence.
Hopefully,if the expert says there was no negligence, that wording is removed from the complaint and we can settle.
Some people don't care what their expert says, in the hope of getting a bigger payday.
These cases are normally heard in Chancery Court,with no jury.
In Chancery Court the Judges can ask questions of witnesses.
They tend to ask any expert "are all Land Surveying mistakes due to negligence ?"
After getting the requisite "no".
The next question: "was this mistake due to negligence ? (no)
If the expert was hired by the Plaintiff,the Judge will ask if he told that to his client ?.
If he says yes,watch for the fireworks.
Judges hate having their time wasted.
I've never seen a reputable Land Surveyor found liable for negligence.