Ouch

On Sat, Aug 13, 2022, 8:09 PM Chuck McCown via AF <[email protected]> wrote:

> One of them was 48” I think and washed out a railroad track...  And it was
> our fault...
>
> *From:* Chuck McCown via AF
> *Sent:* Saturday, August 13, 2022 5:00 PM
> *To:* AnimalFarm Microwave Users Group
> *Cc:* Chuck McCown
> *Subject:* Re: [AFMUG] Release of Liability Review
>
> I have repaired tons of stuff, bought trees, bought sod, whatever it takes
> to make the landowner happy.  Not really their fault either if they don’t
> know it is there.  Just the cost of doing business.  GL takes care of
> hitting the city water main and washing it all into someone’s basement
> etc.  My crews have hit 4 city water mains and it is no picnic.  2 of them
> were our fault.
>
> *From:* Steve Jones
> *Sent:* Saturday, August 13, 2022 3:32 PM
> *To:* AnimalFarm Microwave Users Group
> *Subject:* Re: [AFMUG] Release of Liability Review
>
> When the attorney feeds back I may update the erosion control. But I'm no
> taking liability for somebody who chooses not to water. Even if I put sod
> down it still needs water. I can the soil back in a condition conducive to
> root growth, but I cant control what the landowner does.
> I'll add a link to the JULIE website so customer can see what my
> responsibilities are there. I do think adding that the customer may need to
> expose their own things that's a good idea.
> Will be waiting on the attorney for the what I will do's since that can
> open a whole lot of liabilities.
> I've read through a bunch of them and they range from pristine restoration
> all the way to fuck you, pay me.
> I just dont want to hit some leech field tie in and have to pay for that.
> I carry more insurance than I need but I prefer to not use it. Most
> everything I can locate with the utiliguard, and I can repair most anything
> I hit unknowingly.
> An example is a nearby guy knicked an unknown LP run to a garage. It
> leaked half a full tank and he had to pay for it out of pocket. I'd pay it
> too, I just dont want to be obligated to.
>
> On Sat, Aug 13, 2022, 12:30 PM Chris Fabien <[email protected]> wrote:
>
>> I wouldn't sign either if I were a homeowner. I think you need to more
>> clearly define what you will and won't do, and what you can and cannot
>> reasonably avoid. For example, you can reasonably avoid a private
>> power run to an out building if the homeowner discloses it's
>> existence, you should have equipment to locate the exact path/depth.
>> Other things that are not locatable, what we do is put the
>> responsibility on the homeowner to locate & expose. We typically have
>> to do this for drainage lines, dog fence wires etc. And you definitely
>> do want a disclaimer of liability for hitting something that was not
>> disclosed and you would have no way to know of it's existence.
>> Whether that disclaimer would stand up in court is another issue. I
>> also think telling the homeowner they are responsible for future
>> erosion control is going too far, your crew should be doing enough
>> restoration to stabilize the ground and get grass growing again.
>>
>>
>> On Sat, Aug 13, 2022 at 11:15 AM Steve Jones <[email protected]>
>> wrote:
>> >
>> > You guys who do this want to review this and tell me what im missing.
>> Ive sent it to the attorney for review but shes more an estate attorney, so
>> may be that there are some gotchas im missing. I dont like that its 2
>> pages, but I like liability even less.
>> > This is more for residential, small commercial and WISP/FISP work . I
>> assume if I get into a bigger drill and bigger work, those contracts will
>> address all that.
>> >
>> > Thanks in advance
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