Legally if this is was a private unmarked utility i suspect the contractor is not actually liable. We have hit unmarked private utilities on our fiber project and we do the right thing and fix it at our cost. This is mostly because every home passed is a potential customer. ATT may not take the same mindset.
The gas company just did a gas main project nearby. Tore up a bunch of farm drainage tiles. Left the pieces sitting where they came up. "Sorry" On Jul 20, 2016 9:18 PM, "Forrest Christian (List Account)" < [email protected]> wrote: > 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> > >
