I had a rotted pole that needed to be shored up and stabilized. Electrician came on-site to do the repairs. As part of the fix, they broke a water line. They contacted my plumber and fixed the water line.
Here we are, one year later, and I get the invoice for the work done. It includes a $2,000 pass through charge for having my plumber fix the water line.
Same with the power company. They trenched a new power line and broke my sewer. Another $2,500 bill.
Needless to say, I’m a bit peeved. Both companies maintain that they called in the locates and no water or sewer line was marked, so it isn’t their fault and I have to pay. The park doesn’t have a map of water lines or sewer lines, so a locate would have done them no good.
Am I just screwed and have to bite the bullet on this one, or is this worth fighting?
My understanding at least in my state is that no ground work can be done until locates are done. You can call a local electrician or plumber and ask as they would know for your state I suppose. It is almost a mandatory pre req for them before they pick up a shovel.
Same situation, no plans to show where lines were, the company installing a fence drilled through underground electrical line three times, knocking out service to an area of the park. Had to call electrician to repair and pay the bill. Fence company refused to reimburse the park. We took them to Small Claims Court and won, but this was three years ago and have never received a dime on the judgment. Park owner would not spend any more money with attorneys to chase them and enforce payment, and frankly would have spent more in attorney fees than he could collect.
They called locates, but this is all park infrastructure so there really isn’t any way to locate it. Sounds like I’ll just have to foot the bill. I’m hoping that I get more traction with the utility company breaking the sewer line, but who knows.
Chasing down $4500 in my opinion is not worth it. I chalk stuff like that up as a discovery fee…you discovered where the lines are. I would make a note where the lines are located as they are discovered so it does not happen again. Locates are for hitting mains and rarely cover tributary lines.
There are ways lines can be located outside of the normal locate service. With any excavation there should be a meeting to discuss plan of action and physically make line of site observations such as clean out locations, water meter locations etc.
Can I borrow $4500? 
Appreciate the comment. I’ve had no luck locating water lines in this park. A real bugbear for me, but just something I have to deal with. I just hope I don’t have to dig often.
Leak detector companies have special equipment and can listen to your water lines from above ground and map out your water lines should you really want or need to know their location to justify the expense of hiring them.
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If you are going to have regular vendors on property. Require them to provide you with proof of insurance. usually called an Accord.
Ideally, naming you as an addtional insured.
If anything goes sideways you can file a claim directly with their insurance company for anything they damage.
Power company is another story, as they are usually self insured. You may be able to go onto their website and file a claim, even if it was denied previously. If you are inclined to fight it, that is.
Both experienced tradesmen should know that once they hit the 1 ft. mark to start treading carefully, lines should be buried anywhere from 12 inches- 3 feet down. There should be 12 inches separation between water and electrical, 24 between gas and electrical, 24 between sewer and electrical. Many of us have seen all sorts of things not resembling this, like all thrown in a trench and covered and every variation in between, so they have as well.
I always require an updated Accord every year for my regular vendors, and have successfully filed direct claims when needed.
In this situation, there are a few key points to consider for determining responsibility:
- Utility Locate Responsibility: Both the electrician and the power company claim they called for utility locates, and no water or sewer lines were marked. If the lines were not marked due to the park’s lack of maps, this complicates liability.
- Local Regulations: Check local laws and regulations regarding utility locates and damage during construction. Some areas hold contractors responsible even if lines were unmarked, while others may not.
- Contract Terms: Review any contracts or agreements with the companies. They might specify who is responsible for damages during their work.
- Negligence and Due Diligence: Evaluate if the companies performed due diligence or if they could be considered negligent for not taking additional precautions knowing the park lacked accurate maps.
Given these points, it may be worthwhile to:
Consult a Lawyer: Legal advice can help determine if you have a case based on local laws and the specifics of your situation.
Negotiate: Attempt to negotiate with the companies for a reduction or waiver of the charges, especially if they did not take extra precautions despite knowing the park’s map situation.
In summary, you might have grounds to contest the charges, but consulting a lawyer for specific legal advice in your jurisdiction is the best course of action.