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Old 11-10-2012, 10:38 AM
Kiril Kiril is offline
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Join Date: Jun 2007
Location: District 9 CA
Posts: 18,352
Originally Posted by txirrigation View Post
Here is the reason why:

Here is the scenario:

I install a system for Joe, and Joe has a three year old daughter. This girl ends up sick a month or two after the installation and dies. (Extreme I know) The Doc determines she ingested some kind of foreign bacteria, Amoeba, (whatever), and says the source could be dirty water.

Joe then remembers me installing the system and telling him the back flow device protects potable water. He then calls the city and they send the village idiot out to test and inspect my valve. Over the course of the month or two the valve failed (for some reason) and tests bad. Then Joe finds out I tested my own valve and passes that little nugget of info over to his lawyer.

Joe's Lawyer then contacts me to provide tangible evidence that I had in fact tested the valve and not forged the paper work to save time. And if I cannot produce anything he will be taking me to court.

Because I cheaped out and did not hire a third party I am SOL. I will be sued as the BIG BAD CONTRACTOR that killed a little girl to forgo the $45 to get an independent inspection which would have found that "for certain this valve was good from the beginning."

I then am on the first bus to jail leaving my Daughter and Wife to fend for themselves, even though I did honestly test the valve and it was good at the time of installation.


All of what is stated above happens.... but instead of me getting screwed....

I point the finger at the guy that tested the valve. Who then can stand up in court and say "I was hired to independently test the back flow valve and at the time of installation it tested good. The evidence I was there is in the fact that I left a test report fixed to the back flow valve after it was installed."

We (The BPAT and I) then go on our marry way, and the Parents of the child find out it was the water in the nasty pond they swam in last week.

I know this was extreme, but even if the little girl just got really sick I still would have been screwed. I pay the extra money to prove the valve is good. I know for a fact that there are some outfits around that fill out the paperwork at the office, stick it in the BF box and tell the tech to put it in with the back flow. I pay the money, because I do not have the time to drive around to 8-12 locations a week to test all of the valves we install. Purely the fact that we have installed 4-6,000 valves in the past years means something crazy is bound to happen one day. Hell, McDonalds paid out millions because a lady spilled hot coffee in her lap. Ralf Nadar won a case for a guy because he stuck his hand under a running mower and cut his fingers off, hence the sticker on all mowers now.

Or ....

You sub out the BF test, the BF fails sometime later, systems gets contaminated because of irrigation system was installed poorly, you still get sued because you not only subbed out the BF test, but you also get sued for the work that caused the BF incident.

Moral of this story is ...... if someone wants to sue you they will, regardless if a good reason or not exists. If you are afraid of getting sued, then you shouldn't be doing work that opens yourself up to legal action (i.e. working with potable water supplies).

Oh, and the only time I think you should sub it out is when the unit is initially installed. That said, just because you subbed it out doesn't mean you aren't still on the hook if something goes wrong.
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