This is really an interesting liability question.... The liability is pretty much as you described in Montana as well..... Call in a locate. Wait 2 days. If you dig and hit something, and it was marked, it's your fault. If it wasn't marked, it's the fault of the owner of the facility.
The case here sounds like a situation where the line probably wasn't marked, but the line also probably wasn't under the authority of anyone who was required to be in the 1-call system. The question being: If you're a homeowner, and you weren't notified to mark your lines, and they hit a line the homeowner owns, who is responsible to fix it? I agree that the correct answer is the contractor who hit the line. However, I can definitely see the contractor's viewpoint - if it wasn't marked then it's hard for them to avoid it. -forrest On Wed, Jul 20, 2016 at 2:39 PM, Josh Reynolds <[email protected]> wrote: > I don't think you understand how this works. > > AT&T hires a contractor to install copper/fiber. Contractor needs to > do work somewhere, so they hire the regional locate company to come in > and locate existing utilities. Locate company marks the utilities. If > the contractor hits an unmarked utility, the liability is on the > locate company. If the contractor hits a marked utility, the liability > is on the contractor. > > If a homeowner does work in the yard and hits a utility without having > them located, the liability is on the homeowner. > > On Wed, Jul 20, 2016 at 3:09 PM, That One Guy /sarcasm > <[email protected]> wrote: > > I dont like intervention from the gubment > > > > But these situations are not uncommon, There should be consumer recourse > to > > get made whole in a timely fashion, even if that means accountability to > the > > entity hiring the contractor, as they are there as a representative of > that > > company, at the same time there should be a simplified mechanism for the > > primary company to recoup the costs associated directly from the > contracting > > company, but the consumer protection and recourse should be a priority. > It > > shouldnt be a hoop jumping fest for the consumer either. Even if it means > > something as simple as if you have easement access, youre bound to a 14 > day > > compensation window to compensate the consumer, at which point its up to > the > > company to recoup those costs either through a suit against the > contractor, > > or in a suit against the consumer. It shouldnt be the other way around > where > > all burdens fall on the consumer > > > > > > On Wed, Jul 20, 2016 at 3:01 PM, Chuck McCown <[email protected]> wrote: > >> > >> And they should. > >> > >> -----Original Message----- From: Adam Moffett Sent: Wednesday, July 20, > >> 2016 1:52 PM To: [email protected] ; [email protected] Subject: Re: [AFMUG] > >> Fiber....your worst nightmare? > >> The drilling company is liable, but AT&T could pressure them to take > care > >> of it. > >> > >> > >> ------ Original Message ------ > >> From: "Chuck McCown" <[email protected]> > >> To: [email protected] > >> Sent: 7/20/2016 2:57:29 PM > >> Subject: Re: [AFMUG] Fiber....your worst nightmare? > >> > >>> Drilling company is on the hook. No question. > >>> I hire contractors all the time. 100% on them when things like this > >>> happen. > >>> > >>> -----Original Message----- From: Andy Trimmell > >>> Sent: Wednesday, July 20, 2016 12:56 PM > >>> To: [email protected] > >>> Subject: Re: [AFMUG] Fiber....your worst nightmare? > >>> > >>> ATT saying they're not involved is really a crappy way to do business. > >>> The drilling company worked for them so they should do their due > diligence > >>> and help the homeowner get what they deserve. If they did they'd > probably > >>> have a life long customer but instead they point fingers and say say > "nuh uh > >>> not me". > >>> > >>> Don't get people some times. > >>> > >>> -----Original Message----- > >>> From: Af [mailto:[email protected]] On Behalf Of Seth Mattinen > >>> Sent: Wednesday, July 20, 2016 2:50 PM > >>> To: [email protected] > >>> 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 > >> > >> > > > > > > > > -- > > If you only see yourself as part of the team but you don't see your team > as > > part of yourself you have already failed as part of the team. > -- *Forrest Christian* *CEO**, PacketFlux Technologies, Inc.* Tel: 406-449-3345 | Address: 3577 Countryside Road, Helena, MT 59602 [email protected] | http://www.packetflux.com <http://www.linkedin.com/in/fwchristian> <http://facebook.com/packetflux> <http://twitter.com/@packetflux>
