Things I Liked at the Irrigation Show

Discussion in 'Irrigation' started by sprinklerchris, Nov 6, 2012.

  1. 1idejim

    1idejim LawnSite Fanatic
    Posts: 9,316

    Tx and i are of the minority i guess.

    I guess there has never been a rigged election, Bill Clinton never inhaled, we don't need building inspections, justice is truely blind and there is no need for backflow prevention.

    Anytime a human being is placed in a position where they can write their own ticket, a portion will speed just because they can get away with it. If someone else writes the ticket, they will drive slower.

    I believe that having a third party test removes any doubts.

    Since i am of the minority i will stfu.
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  2. Mike Leary

    Mike Leary LawnSite Fanatic
    Posts: 21,903

    Why trust a third party that may be screwing the test up? Jezz, is there no honesty anymore? Most testers (including myself) would have never faked a test, but it's happened. I know how to read a test report, and that's the only way I'd sub it out: approve the test before the sub is paid, and turn him in to the State if I found a fraudulent test. Believe me, getting a backflow ticket is not an easy gig; only fools cheat, and their ticket (and their plumber's license, if applicable) should be pulled, forever. Backflow rant over. :hammerhead:
     
  3. txirrigation

    txirrigation LawnSite Senior Member
    from Texas
    Posts: 977

    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.


    -OR-

    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.
     
    Last edited: Nov 9, 2012
  4. Sprinkus

    Sprinkus LawnSite Silver Member
    Posts: 2,100

    Unacceptable, and I think you of all people know why. :waving:
     
  5. bcg

    bcg LawnSite Bronze Member
    from Tx
    Posts: 1,835

    McDonald's lost that case because they made a decision at the management level to keep their coffee at a temperature that they knew would cause 3rd degree burns in order to minimize the number of free refills customers got. There were internal memos that identified the potential for someone to be seriously injured long before the woman actually was and they chose to continue the practice, that is willful negligence and they deserved to lose.

    I don't know the details on the mower case.

    If I fill out a T&M and leave it with the valve for a final inspection by the purveyor then I'm covered. If it was good enough for the purveyor, then it's good enough. In order to win a civil case they'd have to prove that the irrigation system contaminated the water and there would be no criminal liability in the hypothetical you described unless they could prove that you faked the report. It's innocent until proven guilty, not the other way around so you don't need to prove you did it, they need to prove you didn't.
     
  6. txirrigation

    txirrigation LawnSite Senior Member
    from Texas
    Posts: 977

    2 months ago I got sued because a lady was texting and rear ended one of my install trucks.

    I won the case, but it cost me almost 10k in lawyer fees. Doesn't matter if your right or wrong, fact is, they see a "big company," and they are going to take a shot at it.

    The lawyer looked up my tax records, and found out how much I make. He also looked up all the property and trucks I own outright, I guess he figured he could get his hands on it. I tried to get my attorney fees back, but the lady is broke, no chance, and I will waste more money trying to get it.

    Fact is this:

    I find a little bit of stress relief in thinking that one day it will save my tail. So I will continue to pay $45 a system for piece of mind.
     
  7. TX Easymoney

    TX Easymoney LawnSite Platinum Member
    Posts: 4,071

    Liability insurance....and workers comp....expensive, but peace of mind
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  8. grassman177

    grassman177 LawnSite Fanatic
    Posts: 9,795

    I agree on testing, but want to get into it myself.......so I can't test the ones I install morally? That would defeat the purpose! Im stuck
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  9. cjohn2000

    cjohn2000 LawnSite Senior Member
    Posts: 553

    I would like to bring backflow testing inhouse and be able to promote testing. What the greater good? Lesser of two evils?
     
  10. txirrigation

    txirrigation LawnSite Senior Member
    from Texas
    Posts: 977

    I have both, trust me, you will still get sued. I have workers comp, liability, umbrella, and a lawyer that checks everything yearly to make sure I have separated my personal from business. Sadly, the lawyer says some how some way I am still screwed.
     

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