First I would like to say that I have been "schooled" with this experience I'm about to explain.
Warning, this is a long story!
I have a customer that I did a job for a couple of months ago. It was running power to a building/barn on his property. This was feed power only, no work in the building. He wanted me to get someone to do the trenching so I hired a guy that I use for that.
I asked the customer about getting "locate" to come out and locate/mark anything that might be in the trench path. He said there were 3 things buried and that he done it himself and knew where all 3 were. The things were: a water line, a propane gas line, and a sewer/septic line.
Well when digging the trench I was watching for the guy trenching and just happened to see the water line before he would have hit it, so no problem there. Thing is, the water line was no where near where the guy said it was.
Then when digging where the gas line was said to be, we went over about 10' to avoid it. On the first scoop with the track hoe I heard the hissing noise, yep, hit the gas line! It too wasn't where the guy said it was. On top of that it couldn't have been over 8-10" deep.
Now to the area where the sewer line was supposed to be. We successfully went through that area without hitting or seeing the sewer line. We were all the way at the house by now finishing up where I was exiting the house with the feed. The bucket was hitting the footer so any noise wasn't alarming me any.
Then I saw water in the trench and the smell hit me. Yep, hit the sewer line. It also wasn't where the guy said it was.
Anyway, by the time we got all the hit lines repaired it was dark when the trench guy filled the trench back in. Then the next day it came a flood and the trench settled more than it would had it not rained that soon. The customer said he wanted the trench "dressed" better. He had talked to the trench guy about adding another septic system and he would have him go back over the trench then. So I was paid for the job and left.
Now to add to this already long story. The guy had already had someone rough-in the wiring in the building when I ran the feed. I told him then that it wouldn't pass inspection because he had the wrong wire in part of it and had put up drywall in some areas without getting a rough inspection.
So on my permit I stated what I did and told the inspector about the existing. Sure enough my feed work passed but the wiring inside didn't.
Now the guy asked me to finish wiring the barn and wanted me to ask the inspector what he wanted changed. Well the inspector was really lenient with him and only required a few things fixed/changed. One of which was just taking down a small section of drywall so he could see the wiring. There were a few other minor things so I told the guy I would do it. But I would only do it T&M since none of the wires were marked, especially the home runs, and I didn't know how long it would take to track everything down. So he agreed and I started the work.
Well to shorten this long story, I did the work and when I sent the guy the invoice he didn't want to pay until it was inspected and passed. I told him I usually get all but 20% when the work was done with the remaining due after a passing inspection.
Now the guy is refusing to pay me anything until the trench guy comes back and drags the trench again. He has decided not to use the trench guy for the additional septic system. Now the guy never offered to pay any extra for the repair work on the hit lines, was wrong about where all the lines were, now is just being a prick about everything and trying to hold up on paying me.
I've learned:
1). No work of this kind without a signed contract (I knew this but just am too trustful)
2). Have the customer deal directly with whoever does the trenching
3). Or have them sign an agreement saying that unless items are located and clearly marked I won't be responsible for anything that might get hit
4). Never work for a lawyer!!!
Any recourse for me on this?
Warning, this is a long story!
I have a customer that I did a job for a couple of months ago. It was running power to a building/barn on his property. This was feed power only, no work in the building. He wanted me to get someone to do the trenching so I hired a guy that I use for that.
I asked the customer about getting "locate" to come out and locate/mark anything that might be in the trench path. He said there were 3 things buried and that he done it himself and knew where all 3 were. The things were: a water line, a propane gas line, and a sewer/septic line.
Well when digging the trench I was watching for the guy trenching and just happened to see the water line before he would have hit it, so no problem there. Thing is, the water line was no where near where the guy said it was.
Then when digging where the gas line was said to be, we went over about 10' to avoid it. On the first scoop with the track hoe I heard the hissing noise, yep, hit the gas line!
It too wasn't where the guy said it was. On top of that it couldn't have been over 8-10" deep.Now to the area where the sewer line was supposed to be. We successfully went through that area without hitting or seeing the sewer line. We were all the way at the house by now finishing up where I was exiting the house with the feed. The bucket was hitting the footer so any noise wasn't alarming me any.
Then I saw water in the trench and the smell hit me. Yep, hit the sewer line. It also wasn't where the guy said it was.
Anyway, by the time we got all the hit lines repaired it was dark when the trench guy filled the trench back in. Then the next day it came a flood and the trench settled more than it would had it not rained that soon. The customer said he wanted the trench "dressed" better. He had talked to the trench guy about adding another septic system and he would have him go back over the trench then. So I was paid for the job and left.
Now to add to this already long story. The guy had already had someone rough-in the wiring in the building when I ran the feed. I told him then that it wouldn't pass inspection because he had the wrong wire in part of it and had put up drywall in some areas without getting a rough inspection.
So on my permit I stated what I did and told the inspector about the existing. Sure enough my feed work passed but the wiring inside didn't.
Now the guy asked me to finish wiring the barn and wanted me to ask the inspector what he wanted changed. Well the inspector was really lenient with him and only required a few things fixed/changed. One of which was just taking down a small section of drywall so he could see the wiring. There were a few other minor things so I told the guy I would do it. But I would only do it T&M since none of the wires were marked, especially the home runs, and I didn't know how long it would take to track everything down. So he agreed and I started the work.
Well to shorten this long story, I did the work and when I sent the guy the invoice he didn't want to pay until it was inspected and passed. I told him I usually get all but 20% when the work was done with the remaining due after a passing inspection.
Now the guy is refusing to pay me anything until the trench guy comes back and drags the trench again. He has decided not to use the trench guy for the additional septic system. Now the guy never offered to pay any extra for the repair work on the hit lines, was wrong about where all the lines were, now is just being a prick about everything and trying to hold up on paying me.
I've learned:
1). No work of this kind without a signed contract (I knew this but just am too trustful)
2). Have the customer deal directly with whoever does the trenching
3). Or have them sign an agreement saying that unless items are located and clearly marked I won't be responsible for anything that might get hit
4). Never work for a lawyer!!!
Any recourse for me on this?
