Sec. 60. (a) If a surveyor fails to perform any work required of the surveyor by this chapter, after ten (10) days written notice to the surveyor by any interested person the surveyor is liable with the surveyor's sureties on the surveyor's official bond:
(1) for all damages caused by the failure to perform the duty, including reasonable attorney's fees; and
(2) to the person damaged.
(b) An action on the bond of the surveyor for failure to perform a duty must be brought in the name of the state on the relation of:
(1) the county auditor; or
(2) the person injured.