QuestionQUESTION: I contracted to have my front yard leveled, and they discovered a flag pole. Deciding I didn't want a flag pole, they cut it off several inches below ground level. Now the city is saying that it has to be replaced; so, does the contractor have to pay for replacing it?
Thanks for your assistance
ANSWER: I don't quite understand the situation - What is the nature of this "flag"? Is it some sort of flag pole that indicated the presence of a water valve or meter and do your neighbors also have the similar flags? If so, it sounds like it is the property of the utility provider (your city) and will have to be replaced by somebody...Either you OR the contractor.
On the other hand, IF it was just a footing for a display flag (community entrance flags, or city/state flag, etc.) and is private in nature, it is your property to keep or remove, unless there is an easement for it across your property.
If it turns out ot be city property, your contractor should have known better, if they were properly licensed to do grading work. In our area, contractors are supposed to carry insurance/bonding for such inadvertent utility destruction, or pay into a slush fund for these instances. Maybe not for your area - Call your local/state contractor's licensing board to find out more.
At the minimum, your contractor should have called a utility locator service, which would have come out and indicated where utilities were BEFORE grading operations. A pretty standard practice all over the US & Canada.
Has the city told you how much it may cost to replace? If it is under a certain level that makes you not want to pursue the issue (for me, I'd be willing to spend $300 or so), I'd just pay to replace it, or see if my homeowner's insurance may help out. You may wish to pursue the issue further with the contractor on moral grounds, however, IF you feel they acted in an irresponsible manner, either through ignorance or incompetence. Some options you have are: file a complaint with the contractor's board, ask the city for help in correcting the problem with the contractor, sue, have your homeowner's insurance assist in correcting the problem, etc.
First task is to get clarification as to WHO owns/owned it, and has a right to either remove it OR require it be replaced. Just some thoughts.
~Marc
---------- FOLLOW-UP ----------
QUESTION: I apologize. The 'flag pole' turned out to be the water shut off, and the city was telling me that I would have to hire a plumber to replace it or they would ...
The contractor did buy a new 'shaft' and replaced it; but my problem is with the City. Where can I find information on 'their' rules? When & where a shut off notice is to be posted, and how they can charge me $10 to post a notice that gave me until the next morning to pay they past due amount, which I would have had it paid if I had it. Then they charged me $25 to turn it back on when in fact it was never turned off because the shaft was not there. There was threats of charging me $500 and adding it to my taxes (like pay it or lose my house).
I appreciate any information you can give me. Thanks
Answer(Our e-mail was down the last few days - A cut fiber optic cable - See, your contactor isn't the only one to cut things they shouldn't!!)
As soon as you read this, call your city's utility department, pronto. Some cities take care of their own utilities, others set up special districts that oversees operations. You need to ask who is in charge of water valves, meters, and utility services in your area - not just the "engineering" department.
As far as rules the city staff is not there to "trick" you, just provide services to you and your neighbors. Notices of water service interruption are a local matter, so see paragraph 1 - I agree with you: If the service was never interupted, then you are right, why pay a re-connection fee? If you are dealing with a public utility agency, there is usually a commission that oversees them (rate increases, district boundaries, complaints, etc.) If you feel you are getting the run-around, ask for the commission's contact information. But that is a side issue -Focus on getting the valve fixed, ASAP.
The "shaft" that was removed was probably a valve cover. It must be replaced be either you, your contractor, or the utility company. The utility company just wants their original valve cover back in operation.
If you do nothing, the utility company/city will just go ahead and fix it, in the public's interest, then bill YOU for the fix (The extra $500 tacked onto your tax bill). As you said, they told you that you can have your plumber/contractor fix it on your dime. If you think you can get it fixed for less than $500, go for it.
It is then up to you and your contractor to figure out who gets to pay for the original boo-boo. As per the original response, who pays for it may be determined through the contractor's board (or small-claims court); don't wait on them or your contractor. Arguing over who pays for it doesn't fix the problem.
Sorry for the bad news. ~Marc
PS: Are you on the phone, yet? Get to it -- If you delay, then you are sure to get a $500 bill no matter what.
