By Matthew Power. When the owner of Gunnell Construction found an unmarked underground pipe on a site in Cottonwood, Ariz., he called two water utilities, trying to identify the owner. Both denied ownership. Assuming the pipe was abandoned–and that electrical wires are not run in galvanized pipe–he resumed work. When the pipe was penetrated, an explosion resulted, injuring both Gunnell and a co-worker. As a result, both men sued the electric utility for not properly marking the line. The utility countersued Gunnell for damages to its line. Result: The court found Gunnell liable for damages because he did not find the true owner of the pipe before proceeding. He got nothing–and had to pay the utility’s legal fees.
Source: Thelen Reid and Priest LLP