Trenching waiver form

[bth0mas20]

Does anyone uses wavier forms that I could look at to create mine. I need to start having the customer sign one prior to trenching or plowing with a machine.

 

[satcom]

Does anyone uses wavier forms that I could look at to create mine. I need to start having the customer sign one prior to trenching or plowing with a machine.

If you are doing any digging more then with your hand then having underground insurance with E&O is a must have, also calling your dig number and get a markout, before you dig anything, it's the law. Locating tanks, lines, and other underground finds, is your responsibility, no waver will protect you from negligence, you are the professional.

 

[petersonra]

If you are doing any digging more then with your hand then having underground insurance with E&O is a must have, also calling your dig number and get a markout, before you dig anything, it's the law. Locating tanks, lines, and other underground finds, is your responsibility, no waver will protect you from negligence, you are the professional.

What he said.

 

[bth0mas20]

ok Ill just keep doing the same as I am.
I have appropriate insurance, I call miss utilities, and I own a locater for locating sheds, wells, etc....

My questions is when a homeowner has an irrigation system, water line to pier, or oil tank and dosent know its thier. Im not able to know these things and cant trace a pvc water line. If I hit them i should not be responsible for fixing a pvc water line. In cases i always do fix them if i hit one. I should be able to charge the customer for items that they should know about before I dig that the utility company and I cant trace.

 

[bth0mas20]

The reason I ask about the form is because the local power company makes you sign a wavier before they dig in your yard. They dont apear to be responsible for hitting your shed power or water line.

 

[qcroanoke]

"Locating tanks, lines, and other underground finds, is your responsibility, no waver will protect you from negligence, you are the professional."



That is the way I look at it also. If you asked me as your customer to sign a waiver releasing you from damages caused by you I would not be your customer for long.

 

[satcom]

The reason I ask about the form is because the local power company makes you sign a wavier before they dig in your yard. They dont apear to be responsible for hitting your shed power or water line.

What they did when they put a line thru my property, was but me on notice with a certified letter, to mark, or clear any underground lines or tanks at my expense.

 

[bth0mas20]

so the idea is to just hit that water line that you dont even know is their (becuse it goes to a spicket by a tree) and fix it at your own expense. Im fine with that cause thats what Ive always done as it happens. I just wanted to see what other contractors do.

 

[growler]

the local power company makes you sign a wavier before they dig in your yard. They dont apear to be responsible for hitting your shed power or water line.

The waiver that the power company has the homeowner sign is a sort of "right-of-way" allowing them to run their cable on the property and allowing them future access for repairs. If they do any damage to the property they are still responsible for the repair of said damage.

The reason they don't appear to be responsible is that the power company crews don't often admit they did anything.

 

[satcom]

so the idea is to just hit that water line that you dont even know is their (becuse it goes to a spicket by a tree) and fix it at your own expense. Im fine with that cause thats what Ive always done as it happens. I just wanted to see what other contractors do.

The idea is not to hit anything, but put the customer on notice to have the area checked at their expense, and once they declare the property is clear and safe to dig or provide you with detailed plot of the underground hazards

 

[jsmalone1]

It's funny, this is my world now---lines to sheds, old phone lines, propane lines, water lines, & crazy drain lines--I just have to figure some repairs in my proposals. I've gotten pretty good at repairing all of the above.

 

[hurk27]

I have always just put a disclaimer in my proposal that non-traceable plastic water lines, irrigation lines, and or sewer lines (which for the most part are not a problem here because of the frost depth) I tell the home owner they have the option to have the people who installed them to come out and mark them if they can, but if I can't locate them with my RDF, repairs will be up to the home owner.

like I said most water lines and sewer lines are at or below 4' here, but irrigation lines are almost always un-traceable (except copper ones like my house) and using MS word for my proposals, I adjust each disclaimer to each job I'm doing, I have never had a customer yet try to make me repair or make me pay for a repair for hitting their irrigation lines, now I have hit a couple gas lines, one with a ground rod, and one with trencher, and we had to pay for one of the repairs, the other was wrongly located by the locating company, but I get locates done on every trenching job I do, and then break out the RDF and do my own locates on everything else.

I at one time shut down half the cities power on a dig with my back hoe because of wrong locates done by the locating company for all the utilities, they had marked on the driveways on both sides of the property that there was no utilities with big arrows pointing to the property, on the neighbors concrete drives in paint, I hit a 7200 volt primary and the 240/120 volt secondaries coming from a transformer across the property, just missing a 2" gas main Scraped it but didn't break it, the utility took us to court and because I had taken photo's of all the locates and damage, we won hands down, not only did the locating company had to pay for the repairs, but they had to pay to remove the paint markings on the driveways of the neighbors that should have never been marked in such a way.

 

[bth0mas20]

Hurk

I like the disclamer idea.

 

[satcom]

Hurk

I like the disclamer idea.

Our contract is reviewed by our attorney, and every year by our insurance underwriter, they also make sure the limits of liability are current, and all contract language in line with all current contract laws.
It is not a good idea to write any contract language on your own.

 

[brantmacga]

whenever we do underground work, i always put in the contract that i'm not responsible for anything unmarked by the utilites after calling for a dig ticket, or unmarked by the homeowner.

i encourage them to mark any locations that they know have something underground, and we will hand dig there.

but i'm not responsible for hitting an irrigation line or anything else if its unmarked. i'll fix it if i can, but i'm charging extra.