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I have a question regarding a contract for excavation and…

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I have a question regarding...
I have a question regarding a contract for excavation and concrete work. I had sewage pipes damaged as a result of the company not finding a line. In their contract it says lines are not their responsibility. I just read about Texas One Call where they have to call if it is over 16 and it was. Does this give me any legal right?
Submitted: 3 months ago.Category: Legal
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Answered in 6 minutes by:
3/7/2018
Lawyer: Michael Bradley, Lawyer replied 3 months ago
Michael Bradley
Category: Legal
Satisfied Customers: 1,432
Experience: Owner at The Protection Group LLC
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can you send a copy of the contract so I can take a quick look at it

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Customer reply replied 3 months ago
Hi,So I am using a landscape architect company who then subcontracted out the concrete work to a excavation/concrete company. The result was that the wall that was poured under the weight of it crushed my sewer line and it cost me thousands to have it replaced, they also hit my pool line. However the contract I have with the landscape company says this"Utilities
It is the responsibility of the owner to mark any underground lines prior to construction. Repair costs to any
underground line are the responsibility of the owner."And their contract with the concrete company says this"All location and marking of existing utility lines, drains, etc. is the responsibility of the general
contractor and/or owner. PCW is not responsible for any damage done to unmarked lines."But it seems unfair and also not ethical to dig 2ft under someones house with a digger, without marking lines. I checked and it says there is a thing called 811 Texas. And it requires companies who are digging under 16" to call and ask for lines to be marked..
Customer reply replied 3 months ago
I have spoken with the Landscape company that I have a contract with and they are very adamant that this is all my issues and it was impossible for anyone to know about the sewage line, when I mentioned the one call system they told me they did it and they do not mark sewage(which is different from what 811 says)The pipe was right around 3ft underground and the wall was just over 2ft underground, but the weight of the wall just crushed the pipe below. The plumbers who fixed the line said that an engineer who poured that wall should have known the wall could potentially crush a pipe
Lawyer: Michael Bradley, Lawyer replied 3 months ago

811 exists in every state

I agree that it is very unprofessional to do any work without looking to make sure that the lines are marked

if you decide to sue, I would sue all parties involved for the cost of repairs

it should not fall on the homeowner who may not even know about 811, which is a free service

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