Directional Bore thru Sewer Line

[floridapropmgr]

What is the name of your state (only U.S. law)? Florida

We recently investigated several depressions behind our condos. Discovered that sometime in the past 40 years, the electric company used directional boring to lay power lines and shot the cable thru the cast iron sewer pipes.

Approaching $20,000 in repairs so far, with more to come. President wants to know if we can go after power company. After speaking with PSC and the power company, looks like it will be a court case if we want to pursue it. (If I had been managing at the time, work would have immediately stopped until power company came out - oh well.)

Anyone have any thoughts as to the luck we may have if we pursue it in court?

 

[HRZ]

for that kind of money the condo assoc calls the best lawyer in thier network for a read on the issues.

generally speaking if the power firm is running new lines it's thier burden to establish the location of other underground utilities and not hit them ....the statute of limititations as to such hidden damage prohably runs from date it was discovered, not the date tmwqs bored ...but ask your lawyer.

depending o n your local soil and rock conditions ..these underground leaks sometimes cause massive sinkholes that swallow up roads and buildings ...

I'd have solid video or other records showing pipes damaged by thru bores ...and not just some debate over ground settling or corrosion failures ...ideally witnessed by P.E who is licensed and available to testify if needed.

 

[Just Blue]

Bump******************************************..

 

[NC Engineer]

We recently investigated several depressions behind our condos. Discovered that sometime in the past 40 years, the electric company used directional boring to lay power lines and shot the cable thru the cast iron sewer pipes.

I honestly think you will have a difficult time recovering damages from any utility company if you can't establish a more narrow window of when the damage occurred. A couple of questions that may help determine liability and whether you may have a viable claim:

1. Is the location of the damage on private property, public right of way or some type of utility easement? If it's on private property, then was the utility company or their contractor who installed the lines operating within a temporary easement or some type of service agreement with the property owner(s)?

2. Are the electrical lines providing service to the condos or are they transmission lines providing electricity to other condos or other properties

3. Had there ever been any previous reported issue with the sewer the lines (backup or blockages)?

I have a couple of additional observations based on the information that has been shared. First, I would assume that if the electrical lines were in fact bored through a sewer main then it likely would have occurred within the past 20 years because directional boring of conduits has only come into widespread use by electrical companies since the early 2000's. It's possible this may have occurred prior to then, but I doubt it. Also, I'm extremely surprised there hasn't been significant issues with the sewer prior to now. Cast iron is fairly brittle and I would expect there to be a full collapse in the location of the boring within a relative close period of time from when the boring occur.

In general, it's really difficult to win damages from utility companies or get them to pay for repairs because they're typically working under some type of service agreement with municipalities (when working within the public right of way) or customers/property owners (when working outside the right of way). Those agreements typically absolves them of liability of damage to other utilities unless there was negligence or unless utilities were marked and they still damaged the utility line or facility.

 

[HRZ]

ANd increasingly around me at least such line and boring services are conducted by 3d party contractors .

 

[FarmerJ]

It may not make a giant difference but have you asked any of the older -longer term residents in this neighborhood if they recall when this work was done ? ( go asking at some of the homes in your area with a small plate of some kind of goodie and a thermos of coffee , it might be a great way to get to know some of the neighbors better )