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Question DetailsAsked on 10/25/2011

Landscaper broke main water line for street. I'll get the bill for fixing it. He said he is insured but I doubt it. What recourse do I have

He didn't have the utilities out to mark water lines because he was only sinking rebar and not really digging. And the pipe was buried only about 12 inches at that spot. Still, he broke it. If the water company insists I pay, and the landscaper won't, is it worth it to take him to court? Or is there another recourse?

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2 Answers

Voted Best Answer
2
Votes

Hey there,

It is absolutely the landscapers fault and could have been avoided.

In Texas we are to have the utilities marked when ever we dig. It's a free services and it can prevent things like this from occurring. It doesn't matter how far it was down or how much he was digging.

You can haggle with the city to see if they will credit you. Sometimes they will have pity and not charge you but with water becoming scarce these days they might really give it to you on that one.

Whatever you do don't finish paying the invoice. You can deduct the repairs off of it if the landscaper won't cover it. His insurance may not cover this type of accident because precautions weren't taken, his deductible might be too high and he may not report it.

As for taking him to court you would have to pay court and or lawyer cost. There's also the costs of all the time to do it all. It may cost you more to go that route especially if he doesn't have the money to pay. Depending on what the city is going to charge you it may be best to split it or pay for it altogether.

Any contractor can make a mistake. It's how they fix it that determines whether or not they are a good contractor or not.

Source: http://www.call811.com/

Answered 7 years ago by Dallas Curb Appeal

-1
Votes

Sorry, but this seems to me to be a question for attorney's help. I had no negative experience w/my landscaper. I only wanted to recommend him.

Answered 7 years ago by rooney633@gmail.com

0
Votes

Some additional advice. Check to see if the landscaper is a member of the Better Business Bureau or participates in a consumer arbitration program run by the Bureau or a local construction/contractor organization. Usually, you and the contractor can avoid attorney fees if you participate in this kind of arbitration to resolve a dispute.

Answered 6 years ago by Joe M




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