Construction Property Damage

[gwrace1]

What is the name of your state? I'm located in Round Rock, TX. We are in the process of demolishing our current home on one acre for new construction. The builders electrical contractor was onsite installing the electrical rack. While trenching for the power to our storage building he damaged our neighbors natural gas pipeline. It was labeled on the survey I provided and marked within an easement within our backyard. The previous home owner granted the easement. Texas dig marked the area the day before but would not mark lines on private property. No personal injuries occurred. When the incident occurred I was at work but the electrician called the gas company, who promptly turned off the gas. Then he called Atech Plumbing who spent about an hour repairing the damage to restore service. This week I received a bill from the electrical contractor that included $2000 for the gas line repair. No markup just a straight invoice from the plumber. Apparently the plumber had to purchase an entire roll of plastic gas line for $1200. He needed three feet for the repair plus a couple of pipe connector fittings. Then he walks off with the remainder of the gas line. We've lived at this location for 25 years and I've had this line repaired before for $500-800 dollars . I tried contacting the plumbing company but they won't deal with me stating privacy issues since they technically contracted with our electrician who works for the new home builder. The builder carries a risk policy with a $2500 deductible. Our home owners insurance has a $4300 deductible. So no chance of any insurance coverage.

Just a few questions...
1. Who is responsible to cover the cost of this repair?
2. I realize that a prompt repair is required when a gas line is damaged but I was never given the opportunity to approve any of the repair options. (Company, Parts etc)
3. I was hoping the plumber would be reasonable and at least return the unused gas piping. $1200 for a 3 foot section of pipe is ridiculous. I do not want to fund his parts costs for future customer repairs.
4. What are my options if any?

 

[quincy]

What is the name of your state? I'm located in Round Rock, TX. We are in the process of demolishing our current home on one acre for new construction. The builders electrical contractor was onsite installing the electrical rack. While trenching for the power to our storage building he damaged our neighbors natural gas pipeline. It was labeled on the survey I provided and marked within an easement within our backyard. The previous home owner granted the easement. Texas dig marked the area the day before but would not mark lines on private property. No personal injuries occurred. When the incident occurred I was at work but the electrician called the gas company, who promptly turned off the gas. Then he called Atech Plumbing who spent about an hour repairing the damage to restore service. This week I received a bill from the electrical contractor that included $2000 for the gas line repair. No markup just a straight invoice from the plumber. Apparently the plumber had to purchase an entire roll of plastic gas line for $1200. He needed three feet for the repair plus a couple of pipe connector fittings. Then he walks off with the remainder of the gas line. We've lived at this location for 25 years and I've had this line repaired before for $500-800 dollars . I tried contacting the plumbing company but they won't deal with me stating privacy issues since they technically contracted with our electrician who works for the new home builder. The builder carries a risk policy with a $2500 deductible. Our home owners insurance has a $4300 deductible. So no chance of any insurance coverage.

Just a few questions...
1. Who is responsible to cover the cost of this repair?
2. I realize that a prompt repair is required when a gas line is damaged but I was never given the opportunity to approve any of the repair options. (Company, Parts etc)
3. I was hoping the plumber would be reasonable and at least return the unused gas piping. $1200 for a 3 foot section of pipe is ridiculous. I do not want to fund his parts costs for future customer repairs.
4. What are my options if any?

The one responsible is the one who caused the damage.

Were the workers licensed and insured? You can file a claim and let their insurance cover the costs.

 

[adjusterjack]

1. Who is responsible to cover the cost of this repair?

Ultimately you. It's your property. You're in charge of whatever is happening. Whether or not you can get reimbursed from somebody is anybody's guess.

2. I realize that a prompt repair is required when a gas line is damaged but I was never given the opportunity to approve any of the repair options. (Company, Parts etc)

That's unfortunate but emergency is emergency and nobody has any obligation to hunt you down for approval.

3. I was hoping the plumber would be reasonable and at least return the unused gas piping. $1200 for a 3 foot section of pipe is ridiculous. I do not want to fund his parts costs for future customer repairs.

He put your name on the bill. Did the bill itemize $1200 for the pipe? Or was it just $2000 for the work? Either way, you can sue him for the return of the remaining pipe or it's dollar equivalent and see how far you get.

We've lived at this location for 25 years and I've had this line repaired before for $500-800 dollars

Irrelevant.

The builder carries a risk policy with a $2500 deductible.

So? That means nothing if the builder was negligent.

Our home owners insurance has a $4300 deductible

Ouch.

The one responsible is the one who caused the damage.

Disagree.

Texas dig marked the area the day before but would not mark lines on private property

The gas line location wasn't marked on the property. The trencher would have had no idea that it was there. OP admits to having repaired the line in the past so he knew where it was but didn't mark it nor did he warn the trencher of it's location.

Frankly, I don't see any negligence on anybody's part but the property owner.

 

[quincy]

How is the one who caused the damage not responsible?

 

[gwrace1]

Well I disagree. All contractors were provided the lot survey with the easements marked prior to any digging. The contractor used a backhoe not a trencher.

 

[quincy]

Well I disagree. All contractors were provided the lot survey with the easements marked prior to any digging. The contractor used a backhoe not a trencher.

Who are you disagreeing with?

 

[gwrace1]

Who are you disagreeing with?

Adjusterjack...sorry

 

[xylene]

Sue the electrical contractor (your contractor) for their negligence.

It was incumbent to the digging party to locate any lines, easement or not.

They should have PAID for their own underground locator.

 

[gwrace1]

I was thinking about filing a claim with the home builders insurance since the electrical contractor works for them. Not sure how to find that info and even if I do will it matter. Thanks all for the prompt replies.

 

[xylene]

So the electrician is not your contractor but is a sub of the builder?

I'd be screaming at the builder for the hide of one of his subs sending you a bill for emergency repairs to another's property that was damaged negligently.

 

[gwrace1]

So the electrician is not your contractor but is a sub of the builder?

I'd be screaming at the builder for the hide of one of his subs sending you a bill for emergency repairs to another's property that was damaged negligently.

You are correct. The Electrical contractor is a sub from the builder.

 

[LdiJ]

You are correct. The Electrical contractor is a sub from the builder.

This is not your problem. How dare the electrical contractor, who did the damage in the first place, have the nerve to try to bill YOU for it. You need to be talking to the builder about his sub.

 

[adjusterjack]

How is the one who caused the damage not responsible?

The location of the gas line wasn't marked on the ground.

All contractors were provided the lot survey with the easements marked prior to any digging.

Easements cover a wide area. Was anybody told "There's a gas line right here."?

Sue the electrical contractor (your contractor) for their negligence. It was incumbent to the digging party to locate any lines, easement or not. They should have PAID for their own underground locator.

That kind of thinking gets you a bill for $2000.

I was thinking about filing a claim with the home builders insurance since the electrical contractor works for them. Not sure how to find that info and even if I do will it matter.

You don't make a claim against anybody's insurance. You make the claim against whoever you think is responsible. Then that person decides whether or not to get his insurance involved.

 

[quincy]

You are correct. The Electrical contractor is a sub from the builder.

I suggest you forward a copy of the bill you received from the electrical contractor to the builder.

 

[xylene]

The location of the gas line wasn't marked on the ground.

That doesn't matter. The liability is on the digging party, whether maps and marks are accurate or not.

Dig underground - you have to know where you are digging is SAFE.

No marks does NOT mean ok to dig. And the contractor knew the public utility locator would not mark on private property. That is not an all clear. Any sensible underground utilities contractor would know that. The digging party (the electricial contractor) needed to have their own locator make sure the ground being dug into was free of underground utlities. Anything less than that is nothing more than rolling the dice.

That's negligent, demonstrably so when it ends up striking a gas main.