Who is responsible

Discussion in 'Business Operations' started by big valley, May 7, 2004.

  1. big valley

    big valley LawnSite Member
    Messages: 23

    If during a landscape project, I contract a person to trench a ditch for a drain or irrigation, and that person that I ve hired to do the work hits something, for example phone or elec. Bear in mind, I have already had all the utilities marked by their respective companies. Who is responsible for the repair. I have heard a difference of opinion on this. Any suggestions appreciated.
  2. J.Gordon

    J.Gordon LawnSite Senior Member
    Messages: 674

    I would think the company that you sub-contracted would be responsible for the repairs. But it would be your job to make sure it got done. The homeowner shouldnÂ’t have to worry about it at all, because he or she has hired a responsible company to take care of everything. If the company balks on paying for the damage Pay for it yourself then take him to court. Do what ever it takes to make the customer happy!
    Just my .02
  3. big valley

    big valley LawnSite Member
    Messages: 23

    I just want to do good quality work, get good referals and get paid. Along the way I know I will meet up with sub- contract workers that don't share my vision. You are right , the customer should come out of the expeirence satisfied no matter what. I still just want to know where I stand legally. I f I break it I should fix it right. Thats what I expect out of people I contract to work for me. thanks.
  4. Hawkeye5

    Hawkeye5 LawnSite Senior Member
    Messages: 295

    Gennerally responsibility belongs to the sub. Does that mean the sub pays? No. If as the general contractor you hire an uninsured sub then you are on the hook. Even if the underground utilities are marked the utility will look to you as the general to provide the repairs. They will not be responsible for mis-marking. Any time you hire a sub there should be a contract with a holdharmless agreement in your favor, you should not let them on the job site until you have a certificate of insurance, and you should be named on their policy as an additional insured for the specific job. You really need to visit with your lawyer to get the entire story in your state.
  5. big valley

    big valley LawnSite Member
    Messages: 23

    thanks for the suggestions guys.

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