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-   -   Contractor cut electrical wires under concrete near pool (https://www.askmehelpdesk.com/showthread.php?t=638781)

  • Feb 24, 2012, 05:32 PM
    mars918
    Contractor cut electrical wires under concrete near pool
    I hired a company to come to my home and lift some concrete that had sunken near the pool. The results of the concrete lift looks great, no problem there.

    The problem is when they were prepping the section to be lifted, they used a big concrete wet saw with a 14" blade to cut down the control joints of the concrete, to make sure it wasn't attached to the sections bordering it (they also bore/drilled down into the concrete, at least 8 to 10 holes, approx 6" deep). There were only two control joints cut, both running across the concrete, from the pool edge to the grass. In cutting this seam, they cut, or at least nicked, the wires to my underwater pool light and /or the deck light posts (4) in at least one of the saw cuts. Not sure which light wire is cut, probably both, as now the breaker that both lights are connected to trips when you try to turn it on. If you look down into one of the concrete cuts, you can see copper in the wire where it was nicked. I have not examined the other cut yet as it was getting dark. And they filled in the drilled holes with patch, so I can't even look into those.

    So, whose responsibility is this to fix? I don't know anything about lifting concrete, or electricity for that matter. I know if you personally dig you are supposed to call 811. But this trenching & drilling was done with mechanical tools, on my private property, by a contractor. He never told me I should get possible lines marked. He saw there was a light in the pool, and I would think he saw the 4 pool deck lamppost lights that are on edge of concrete. I live in GA. I have tried to find the answer online, but have had no luck. Any help is greatly appreciated! If you need any clarification, please let me know.
  • Feb 25, 2012, 05:11 AM
    tkrussell
    Any contractor that excavates earth in any fashion should know better, that anytime digging is done, there is a chance to hit underground lines, esp electrical. He should have asked about any lines you may know of, he should have something mentioned in his contract to you.

    The Georgia 811 law was violated.

    Georgia 811 - Excavators

    The contractor is responsible to abide by this law, but the law only refers to public utilities. There may be a clause in their contract that specifically excludes private utilities.

    What does their contract state?

    I see no specific reference to excavation contractors in the Ga Consumer Protection agency:

    georgia.gov - Consumer Protection

    You may try contacting them to learn if you have any legal recourse. Depending on the contract you have with this firm, you may be able to take the case to small claims court for relief from costs to repair the wiring.

    Best to have the conduits repaired and have new wire pulled in the affected conduits.
  • Feb 25, 2012, 01:23 PM
    SpringtimeHomes
    I don't agree with the above answer and think that the fault lies equally with you for not providing the cable locations. Iam pretty sure your pool and deck light wires don't fall under the 811 deal.

    Good construction mananagement would have at least meant warning him of the wires, admitting you don't know where they were, and coming to some type of agreement prior to work to fixing should they be cut. I might even put a smidge of fault on the original contractor of the home for not providing a maintenance manual showing the locations of buried utilities (or whatever homeowner that added it later and didn't update the site plan w utilities).

    I believe the problem is yours to pay for. Sorry!
  • Feb 25, 2012, 02:18 PM
    smearcase
    Here is an excerpt from a GA news letter:
    "Danny McGriff, Director, Facilities Protection Unit, with the Georgia Public Service Commission reminds, "homeowners, landscapers, fence installers, farmers, plumbers, professional excavators - anyone who will be digging- is required to dial 811 before beginning the project. Utility services like phone, gas, power, water and cable that your family depends on are buried underground. Every digging project requires a call to 811 - even small projects like planting trees or shrubs. Striking a single line can result in harm to yourself or someone else, costly fines and repair fees or inconvenient outages. One utility line is unintentionally struck every minute in the US. 811 is easy to remember and the call and the service are free. It also keeps you in compliance with the Georgia 'Dig Law'."

    Above quote taken from this site:
    Georgia 811 News - Dig Safely Month Press Release

    I realize that the above is a restatement by an official and not the actual law but he does refer to "anyone who will be digging" which in your case would be the contractor.

    In my experience at another state's Highway Administration, even though the state was the owner, contractors who damaged utilities and couldn't produce a ticket documenting that they had called "Miss Utility" for the specific location, paid for the damages.
  • Feb 25, 2012, 03:21 PM
    SpringtimeHomes
    You're absolutely correct. Anyone digging should call the number. However, its intended to protect the utilities infrastructure which is not what has been damaged in this case.
  • Feb 25, 2012, 08:10 PM
    smearcase
    I think Spring is on the right track. I found the actual law (I think-- not certain if it was the exact right one so I won't paste it or refer to it here).
    There was an exception mentioned, in the case of homeowners owning the utility that at least implied that the law didn't apply to those cases.
    That's not a very definitive answer I know. You can find the actual "dig law" if you keep looking. And the contractor may have some responsibility under general construction law and/or his liability insurance may pay for repairs. You don't say if you have talked to the contractor. If you haven't, you should. And you can probably get a free consultation with an attorney and/or pursue it in a small claims type court.

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