Claim damage against Govt or Contractor ? Limitations ?

[justalayman]

Kerry9;3270683]Answer # 1: The damage was NOT obvious, it wasn't even obvious to me until I was literally standing on top of it.

yet you argued that this tall wellhead, the one you knew where it was, how tall it was, and everything else about it, was obscured only because the weeds were so tall. Does that mean you allowed the weeds to grow to that some height again?

Answer # 2: Because he called to tell me that it had already been cut when he arrived there, and feeling badly for me because he realized I would be charged their exhorbitant fees on my taxes (he'd said I could pay him months later when I was able to - and his rate is only 20% their rate)

and he didn't notice that the area he specifically doesn't cut because there is a well there and it could damage it did not have tall weeds or a tall well head conspicuously sticking up there like it would if they had cut around it?

Answer # 3: He didn't, because he couldn't have, nor anyone else, unless they actually stood above it, AND even then would have had to dig beneath the cut brush they leave: the formerly prominent well-head was sliced & shattered & scattered underneath the shallow cut brush.

but you and the handyman knew of the wellhead. You didn't notice this tall chunk of iron wasn't sticking up out of the ground until you tripped on the broken pieces?


seriously dude, the fact the handyman didn't notice the well was missing pretty much defeats your argument they broke it with the flail mower. That will be used to prove it was still there otherwise your handyman would have notified you it wasn't there.

 

[OHRoadwarrior]

It sounds more like the handyman broke it and did not say anything until confronted. What does appear to be clear negligence is an unmarked well head which, had it been marked sufficiently would not have been struck.