Is a fence contractor liable for severing sprinkler electrical lines ?
Answer:
I am an Irrigation Contractor in the state of Florida. I was wondering if this was a commercial site or your home? Because either way $6k is very steep to replace or repair low voltage sprinkler wire. In regards to your question, I am liable in my business if I damage any underground utility regardless of the way my contract is written. I do have a no-fault clause for landscaping etc. that may be damaged while we do new installations, but I have to be very specific on my addendum section to specify what might possibly be damaged. Either way, a small claims court suit would probably scare the contractor enough that he would sub-contract an Irrigation Contractor to reapir the damage at his expense.
Thanks
Chris
depending on the wording of the contract...i think it would be best to consult a lawyer..i mean do you really want to take a serious answer from someone named..thuggabone...talk to your lawyer..
The contract rules but the following also applies:
Assuming you told him about the lines and had them marked (there are services that do this) he would be liable for destroying what was told to him.
It was your responsibility to inform him of buried electricals, gas, and water pipes.
yes hes liable but you may have to sue to get your money back
He who breaks, must fix.
He is DEFINATLEY liable get a lawyer and have him served with papers immediatley. He carries insurance for this it's the law. If he doesn't have insurance the judge will nail him to a cross. Time if of the essense the longer you wait the more chance you have of losing the case. The judge typically frowns upon procrastination. You should be able to nail him to the wall. Also, file a formal complaint with the BBB and the States Attorney. Best of luck.
Slainte,
-D
Ethics has nothing to do with it. It is a question of legal liability. The first thing to go to is the precise language of the contract. Many fence contractors have language that the owner will supply a survey & contractor is not liable for encroachments or anything damaged that would be shown in the survey. If your lines are internal & not shown on the survey, then it is your obligation to notify him of the lines. On the other hand, a contractor cannot contract out of his negligence. If you have doubts about the contract language you should see an attorney.
Anyone who digs in the US is suppose to call blue stakes before digging. They come out and mark the water gas and other utilities "to the property". Any other lines that are on the property are considered private and should be mapped on a property layout. As a contractor, part of his professional job description is not to be careless and cause damage in the process of his job.
Each state has different laws. In my state a contractor has to place a bond up in order to get his license.
Your best bet would be to write down the situation from the time you spoke with the fence builder until now; all your questions; and spend a 1/2 hour with an attorney( $150-300/hr). They should be able to answer all of your questions and you will sleep better knowing your rights.
The answers post by the user, for information only, BAnswer.com does not guarantee the right.
Other Questions and Answers: