I agree with you... My comment about ambiguity was in ref. to trying to push the blame on ATT. Yes, this is the Excavator's fault, and it may very well involve others if the sewer line was not where it was supposed to be.
This is one of those situations, where the homeowner has to pay to get the problem resolved, and then chase the other parties (Excavator) until they get restitution. Going after ATT is just a legal 'put pressure' tactic, unless it was ATT's crew that ran the wires. Regards. Faisal Imtiaz Snappy Internet & Telecom 7266 SW 48 Street Miami, FL 33155 Tel: 305 663 5518 x 232 Help-desk: (305)663-5518 Option 2 or Email: [email protected] ----- Original Message ----- > From: "Chuck McCown" <[email protected]> > To: [email protected] > Sent: Wednesday, July 20, 2016 3:23:20 PM > Subject: Re: [AFMUG] Fiber....your worst nightmare? > Faisal, there is no question or ambiguity here. > > The excavator is liable. This happens dozens of times each day somewhere in > the world. > There is no argument. The excavator is always liable unless the other > facility is not where the paint is. > Then the locate company is liable. > > But in the case of a homeowners sewer lateral, that cannot be located and > the sewer authority will not claim ownership. > So the homeowner is harmed by the excavator and they must be made whole. > You have a right to cross the public utility easement to get to the public > utilities. > > If the excavator is the contractor, the contractor is liable. > If the excavator is AT&T, AT&T is liable. They can run but they cannot > hide. > Simple small claims action by the homeowner will take care of the problem if > the excavator is not being ethical. > > I have paid to have lots of sewer lines repaired over the past 38 years. > > > > -----Original Message----- > From: Faisal Imtiaz > Sent: Wednesday, July 20, 2016 1:06 PM > To: [email protected] > Subject: Re: [AFMUG] Fiber....your worst nightmare? > > Easy to pass comments, and blame the biggest person involved in the process. > > This story illustrates as to what is wrong with the whole liability process > to begin with.. (the blame game). > > There a some facts conveniently missing.. from the story... > > First question is... how much below the surface was the cable > run...(typically it is 24 to 30 inches. that punctured the sewer line.. the > 2nd question is was the sewer line supposed to be there at that depth ? > typically sewer lines are installed at a very steep angle, going from 18-24 > inches below the surface to almost 10f when the connect to the main sewer > line. > > Third question has to do with Who ran the line ? a contractor or Att's Crew > ? (Story says contractor)... Depending on question # 1 and 2 above, this > would be paid by the contractor's liability insurance. and does not > necessarily become ATT's problem (Bad PR, and being named as a co-defendant > on the law suit yes)... but overall $7000 reair (most likely exaggerated, is > not a big amount to be paid out). > > Having said that, if the sewer line is not supposed to be there or was > supposed to be at a different depth then there are other parties at > fault.... > > Obviously no one wants to own up to the mistake, without pressure... but at > the end of the day there is a proper way to pursue the party at fault.. or > you can go throw mud at everyone and see who reacts. > > :-) > > > Faisal Imtiaz > Snappy Internet & Telecom > 7266 SW 48 Street > Miami, FL 33155 > Tel: 305 663 5518 x 232 > > Help-desk: (305)663-5518 Option 2 or Email: [email protected] > > ----- Original Message ----- >> From: "Seth Mattinen" <[email protected]> >> To: [email protected] >> Sent: Wednesday, July 20, 2016 2:50:05 PM >> Subject: Re: [AFMUG] Fiber....your worst nightmare? > >> On 7/20/16 11:34, CBB - Jay Fuller wrote: >>> >>> Comments? >>> >>> http://via.whnt.com/pLJZ6 >>> >>> If I were on my desktop I'd post the text >>> >> >> Isn't that what homeowner's insurance is for so the insurance company >> will go after the at-fault party so you don't have to? Good luck getting >> AT&T to admit to anything. >> > > ~Seth
