QUESTION
Am I responsible to pay for the gas line damage caused by the contracting company?
Asked on Mar 20th, 2015 on Litigation - California
More details to this question:
I hired a fence company to build the drive way gate last year. In the contract they stated that “Not responsible for grading, staking, property lines or underground utilities”. However, when they were digging the ground to set up the poll, which is 1 feet away from the gas meter, they used some heavy metal to dig quickly and no doubt broke the gas line. We ended at calling the gas company for fix. Now the gas company sent them a bill (title the fence company) to pay for the service fee ($1000+). The fence company just forwarded me the bill. My question is: am I responsible to pay for this? Even though the fence company stated that in the contract, shouldn’t there be some common sense assessment? (i.e. you should be a little careful if you are digging around the gas line) Any help or suggestion will be really appreciated! Thank you.
3 ANSWERS
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It appears to me that you are responsible for the tab for having hired the contractor to do work during which work the break occurred. But, your utility provider may support you in an informal claim or Small Claims Court against your contractor who seemingly was negligent.
Answered on Mar 24th, 2015 at 2:29 PM
Edwin K. Niles
There is a body of law to the effect that one cannot contract away one's liability for negligence. The answer will also depend on whether or not you actually read that clause before signing the contract. Because of the amount you should consider suing in Small Claims Court.
Answered on Mar 24th, 2015 at 2:29 PM
They are responsible for any negligence on their part and it does sound like they were negligent. merely because they said they were not responsible does not eliminate their negligence. These types of waivers only have psychological value in making people think they can not make a claim but normally have no legal effect.
Answered on Mar 24th, 2015 at 2:18 PM