They didn’t call for a locate prior to drilling.  Scuba divers had to dive 
inside the pipe and weld on a patch from the inside.  Quite the ordeal.  Good 
thing we had good insurance.  



From: Steve Jones 
Sent: Saturday, August 13, 2022 8:25 PM
To: AnimalFarm Microwave Users Group 
Subject: Re: [AFMUG] Release of Liability Review

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
    > --
    > AF mailing list
    > [email protected]
    > http://af.afmug.com/mailman/listinfo/af_af.afmug.com

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