The most interesting part to this entire story is the $6000 repair bill. The drilling company is 100% on the hook for this and an easy court filing will take care of the bill, but my guys could have fixed that for about $5 worth of pipe and maybe $100 worth of concrete. Add some labor and machinery fees, easily done for under $1000. I would think a hired plumber would be able to fix that for at least under $2000? What did they do, rerun the entire sewer? Why would they need to do that? I bet we fix at least 2 to 4 sewers a year like this. Just depends on your luck and hopefully you find out from the home owner earlier. What sucks is normally we hit the clay sewers, they can be a bit trickier to fix.
-----Original Message----- From: Af [mailto:[email protected]] On Behalf Of Trey Scarborough Sent: Thursday, July 21, 2016 2:56 AM To: [email protected] Subject: Re: [AFMUG] Fiber....your worst nightmare? I think we all agree for the most part that this is more than likely the responsibility of the Contractor that did the work for AT&T. The problem I see with this is that AT&T usually uses contractors and chooses there contractors carefully so that they will not have any liability in these cases. They so the same thing for tower companies They will hire a questionable contractors knowing that they will more than likely due crap work, but they are cheap. That contractor has an LLC set up just to do the work for AT&T lets all the complaints pile up and then closes the door to the company starts a new one and gets a new contract with AT&T. That is the problem I see with this. In situations like this I think there is some responsibility on the providers part or whomever owns the new utility in place to make certain there contractor has insurance and must make sure it is up to date and on file for reporting claims. On 7/20/2016 8:18 PM, Forrest Christian (List Account) 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] > <mailto:[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] <mailto:[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] > <mailto:[email protected]>> wrote: > >> > >> And they should. > >> > >> -----Original Message----- From: Adam Moffett Sent: Wednesday, > July 20, > >> 2016 1:52 PM To: [email protected] <mailto:[email protected]> ; > [email protected] <mailto:[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] <mailto:[email protected]>> > >> To: [email protected] <mailto:[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] <mailto:[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] > <mailto:[email protected]>] On Behalf Of Seth Mattinen > >>> Sent: Wednesday, July 20, 2016 2:50 PM > >>> To: [email protected] <mailto:[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] <mailto:[email protected]> | > http://www.packetflux.com <http://www.packetflux.com/> > <http://www.linkedin.com/in/fwchristian> > <http://facebook.com/packetflux> <http://twitter.com/@packetflux> > >
