So an update on this. Surprisingly, no homeowners have refused to sign, If
there is non exposure mitigation, we document it on the sheet and both sign
next to the mitigation (an example was a farm nobody knew where the water
lines were and the private locate company couldnt find them with GPR. We
mechanically excavated a 2 foot trench over the suspected area it might be
and hand dug another foot, then sent the drill head through the daylight on
that section.
I actually had a homeowners association sign this when we were doing power
duct for the whole neighborhood. Initially we had no waiver, but nobody
knew for sure where the water was. I hand dug down a hydrant and put my
spade into the pvc main and it shattered at 5 foot. They said "oh yeah, its
brittle" So they signed this for the entire water plant. we had blanket
permission to hit it all, lol. We had two other water contacts at 36 inches
and at 24 inches. I ended up paying the bill, but I had to get protected in
the event we hit 20 water lines.
My lawyer looked it over, said it was good, she only recommended adding
something to the nature of indemnification of someone coming out and
climbing on a piece of equipment they shouldnt be on and falling off. Ill
add that when I redo my documentation.
On Mon, Aug 15, 2022 at 5:52 PM Robert <i...@avantwireless.com> wrote:
> They would have been a bad customer too...
>
> On 8/15/22 12:05 PM, Mark Radabaugh wrote:
>
> They were mad at the other provider before they switched to us - so who
> knows?
>
> By the time she got to me she had already aggravated the installer, the
> field service manager, the customer service manager, the billing manager,
> and the operations manager.
>
> Given there was little chance I could make her happy I figured it was
> better to make 5 other people happy. She might not have been happy with
> the result, but everybody else was.
>
> Mark
>
>
>
> On Aug 15, 2022, at 1:49 PM, Chuck McCown via AF <af@af.afmug.com> wrote:
>
> Did she get service from some other provider?
>
> *From:* Mark Radabaugh
> *Sent:* Monday, August 15, 2022 11:40 AM
> *To:* AnimalFarm Microwave Users Group
> *Subject:* Re: [AFMUG] Release of Liability Review
>
> Nope.
>
>
>
> On Aug 15, 2022, at 12:19 PM, Chuck McCown via AF <af@af.afmug.com> wrote:
>
> Did she ever capitulate?
>
>
> *From:* Mark Radabaugh
> *Sent:* Monday, August 15, 2022 7:05 AM
> *To:* AnimalFarm Microwave Users Group
> *Subject:* Re: [AFMUG] Release of Liability Review
>
> Same. Customer refused to sign the service agreement after the
> install. She was kind of pissed off when we went back and picked up the
> equipment. Oh well.
>
> Mark
>
>
>
> On Aug 14, 2022, at 6:16 PM, Bill Prince <part15...@gmail.com> wrote:
>
>
> I don't know about that. We've had people who requested service, and then
> refused to sign our service agreement. No signy. No servicey. Our service
> agreement was pretty short and simple.
>
> --
> bp
> part15sbs{at}gmail{dot}com
>
>
> On Sun, Aug 14, 2022 at 1:01 PM Josh Luthman <j...@imaginenetworksllc.com>
> wrote:
>
>> You guys might not sign it, but a homeowner wanting fiber has the choice
>> of a) no fiber or b) sign it....they're going to sign it.
>>
>> On Sun, Aug 14, 2022 at 12:10 AM Steve Jones <thatoneguyst...@gmail.com>
>> wrote:
>>
>>> That had like an 8 or 9 dollar price tag?
>>>
>>> On Sat, Aug 13, 2022, 9:41 PM Chuck McCown via AF <af@af.afmug.com>
>>> wrote:
>>>
>>>> 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 <af@af.afmug.com>
>>>> 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 <ch...@lakenetmi.com>
>>>>> 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 <st...@togservice.com>
>>>>>> 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
>>>>>> > --
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>>>>>> > AF@af.afmug.com
>>>>>> > http://af.afmug.com/mailman/listinfo/af_af.afmug.com
>>>>>>
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