Legal advice?

[DonaldDraper]

I had the pleasure of being served last week. I know there are some lawyers here so I figured I’d try. I live in VA. My sprinkler system company punctured a gas line in my lawn. It was marked correctly but the gas line was put in in the late 50s and was like 4 inches under the grass. The sprinkler system company called 911 as they are supposed to and the gas company/fire dept came out immediately. It was a small gas line (1/4 inch) for my lantern. The sprinkler company is a real company but a bit of a redneckish 3 person operation and not a big company.

18 months later I get served cause my sprinkler system company didn’t pay the $4600 that Washington gas charged for the fix. There are three defendants on the case, two people from the company and me as the homeowner. I called the sprinkler system company and they said they are sorry I was named on this and will try to get a lawyer to fight this as the charge is crazy for 4 guys to come to my house for an hour to fix the line.

Anyhow, given the fact that I contracted an actual company to do this and they have told me they will accept responsibility, is there something that they can formally give me to state they are releasing me or assuming my responsibility? Is there a template I can hand to them? If I’m responsible for 1/3 of 4600 I’m probably better off just paying the 1500ish over getting a lawyer, which is why I’m hoping someone here has a reasonable solution.

I appreciate any help you can offer.

 

[Sky ball]

I had the pleasure of being served last week. I know there are some lawyers here so I figured I’d try. I live in VA. My sprinkler system company punctured a gas line in my lawn. It was marked correctly but the gas line was put in in the late 50s and was like 4 inches under the grass. The sprinkler system company called 911 as they are supposed to and the gas company/fire dept came out immediately. It was a small gas line (1/4 inch) for my lantern. The sprinkler company is a real company but a bit of a redneckish 3 person operation and not a big company.

18 months later I get served cause my sprinkler system company didn’t pay the $4600 that Washington gas charged for the fix. There are three defendants on the case, two people from the company and me as the homeowner. I called the sprinkler system company and they said they are sorry I was named on this and will try to get a lawyer to fight this as the charge is crazy for 4 guys to come to my house for an hour to fix the line.

Anyhow, given the fact that I contracted an actual company to do this and they have told me they will accept responsibility, is there something that they can formally give me to state they are releasing me or assuming my responsibility? Is there a template I can hand to them? If I’m responsible for 1/3 of 4600 I’m probably better off just paying the 1500ish over getting a lawyer, which is why I’m hoping someone here has a reasonable solution.

I appreciate any help you can offer.

TRY The Cesspool...lot's of lawyers floating around there.

 

[joober jones]

Still not as bad as when I came here for medical advice.

 

[UconnBoston]

Find a tender letter template online and send a letter to the company you hired requesting that they agree to assume your defense and indemnify you against any judgment. Stay on them to respond and contact the counsel for the Plaintiff to notify them of the circumstances and request that they provide you an additional 60 days to respond to the complaint to get the tender straightened out.

 

[selles]

I had the pleasure of being served last week. I know there are some lawyers here so I figured I’d try. I live in VA. My sprinkler system company punctured a gas line in my lawn. It was marked correctly but the gas line was put in in the late 50s and was like 4 inches under the grass. The sprinkler system company called 911 as they are supposed to and the gas company/fire dept came out immediately. It was a small gas line (1/4 inch) for my lantern. The sprinkler company is a real company but a bit of a redneckish 3 person operation and not a big company.

18 months later I get served cause my sprinkler system company didn’t pay the $4600 that Washington gas charged for the fix. There are three defendants on the case, two people from the company and me as the homeowner. I called the sprinkler system company and they said they are sorry I was named on this and will try to get a lawyer to fight this as the charge is crazy for 4 guys to come to my house for an hour to fix the line.

Anyhow, given the fact that I contracted an actual company to do this and they have told me they will accept responsibility, is there something that they can formally give me to state they are releasing me or assuming my responsibility? Is there a template I can hand to them? If I’m responsible for 1/3 of 4600 I’m probably better off just paying the 1500ish over getting a lawyer, which is why I’m hoping someone here has a reasonable solution.

I appreciate any help you can offer.

A couple things. It's not a situation where you're going to be legally responsible for 1/3. You'll be responsible for all or nothing. So I'd base your calculation on whether to get a lawyer on 4600, not 1500.

Getting something from the contractor indemnifying you is not going to prevent the gas company from getting a judgment and seeking to collect against you. You're not truly protected until the contractor actually pays up (or you win the lawsuit).

You should check your homeowners policy as you may have coverage for this, and if you do have coverage maybe the insurer will pick up representation.

I assume the lawsuit is in General District Court? In VA, General District Court is relatively informal. The first court appearance is called the "return date" and is not for substantive argument.

At the return date plaintiffs generally ask the Judge to order the defendant to provide a "grounds of defense", which is a list of reasons you don't think you should be liable to the plaintiff. Defendants generally ask the Judge to order the plaintiffs to provide a "bill of particulars", which is a more detailed explanation of the plaintiff's claim.

Someone in your situation would generally want to file what's called a "crossclaim" against your fellow defendants. A crossclaim is basically saying "if I'm liable to the plaintiff then the other defendants are liable to me". All Judges are different so you never know, but if you ask on the return date what you need to do to file a crossclaim most Judges in General District will be helpful.

Finally, even though it seems like your contractor should have primary liability here (and may be talking a good game at the moment), that's not worth much to you if they can't or won't pay. Your description of their operation and their comment that they might get a lawyer or something because they think $4600 is outrageous wouldn't fill me with confidence if I were in your position. If the homeowners insurance doesn't pan out you might want to think about lawyering up so you that you assert any available defenses against the gas company (I'm not sure there's going to be much) and you're at least in position to recover something from the contractor if you have to pay the gas company to protect your credit.

 

[Matrim55]

Still not as bad as when I came here for medical advice.

Rub some dirt on it.

 

[UofCT]

A couple things. It's not a situation where you're going to be legally responsible for 1/3. You'll be responsible for all or nothing. So I'd base your calculation on whether to get a lawyer on 4600, not 1500.

Getting something from the contractor indemnifying you is not going to prevent the gas company from getting a judgment and seeking to collect against you. You're not truly protected until the contractor actually pays up (or you win the lawsuit).

You should check your homeowners policy as you may have coverage for this, and if you do have coverage maybe the insurer will pick up representation.

I assume the lawsuit is in General District Court? In VA, General District Court is relatively informal. The first court appearance is called the "return date" and is not for substantive argument.

At the return date plaintiffs generally ask the Judge to order the defendant to provide a "grounds of defense", which is a list of reasons you don't think you should be liable to the plaintiff. Defendants generally ask the Judge to order the plaintiffs to provide a "bill of particulars", which is a more detailed explanation of the plaintiff's claim.

Someone in your situation would generally want to file what's called a "crossclaim" against your fellow defendants. A crossclaim is basically saying "if I'm liable to the plaintiff then the other defendants are liable to me". All Judges are different so you never know, but if you ask on the return date what you need to do to file a crossclaim most Judges in General District will be helpful.

Finally, even though it seems like your contractor should have primary liability here (and may be talking a good game at the moment), that's not worth much to you if they can't or won't pay. Your description of their operation and their comment that they might get a lawyer or something because they think $4600 is outrageous wouldn't fill me with confidence if I were in your position. If the homeowners insurance doesn't pan out you might want to think about lawyering up so you that you assert any available defenses against the gas company (I'm not sure there's going to be much) and you're at least in position to recover something from the contractor if you have to pay the gas company to protect your credit.

If I ever need a lawyer you’re my guy

 

[RichZ]

Seems to me that the sprinkler company using "they charged too much" as a defense does you no good at all, and getting something from them stating they are releasing you of responsibility does even less for you. You probably shouldn't work with them, as they are likely your adversaries at this point,

 

[BLUEDOGHOUSE]

Any reputable contractor should have general liability insurance for irrigation services. Have you ever entered into a contract for services with this company where you agreed to any language limiting liability (consequential/incidental damages)? That is not necessarily determinative . Just curious.

 

[Dove]

Did you sign a contract with the sprinkler guys. Read every word. Look for language that might benefit you.

 

[Robertelamin]

It’s not worth fighting. My advice would be to start your life over in NYC, assume the alias ‘Don Draper’ and get into the marijuana advertising business.

 

[temery]

Still not as bad as when I came here for medical advice.

How are the boys?

 

[temery]

Who put in the gas line, the gas company, or a previous owner?

 

[B1GEast]

Not a lawyer, but I did stay at a Holiday inn Express so pm me if you want.

 

[DonaldDraper]

Line was put in probably 60 years ago, ha.

Looks like I have enough to run with here. My sincerest thanks for the replies. We’re all here bonded by UCONN basketball but I’ve seen a lot of OT help on a crazy breadth of issues over the years. With all the back and forth that takes place it really is great that there is an enormously diverse group of people on this board that take time to help each other. Special thanks to Tom and mods for keeping this a mostly sane place that has survived the decades.

I look forward to continuing my contributions of enormously uninformed basketball opinions.... go huskies.

 

[sledog]

I know these 2 guys: Vito and Rocko...

 

[SubbaBub]

You have a signed contract from a licensed and bonded contractor who did the work, right?

If they haven't paid the bill they legitimately incurred, they aren't going to help you.

You need to file a claim against their insurance company for damages to your property.

You will only have to pay if they company skips out, as LLC's are wont to do.

The fact that a legit company is balking at a such a small utility claim is all the evidence you need that they aren't honest. Their insurance should have covered the cost immediately.

 

[joober jones]

How are the boys?

Doing pretty well. My son and daughter are approaching middle school age and I'll soon be in crazy protective dad mode when her first boyfriend shows up. My nephew and niece recently turned 5 and my nephew is a dead ringer for my brother at his age.

 

[Dove]

You have a signed contract from a licensed and bonded contractor who did the work, right?

If they haven't paid the bill they legitimately incurred, they aren't going to help you.

You need to file a claim against their insurance company for damages to your property.

You will only have to pay if they company skips out, as LLC's are wont to do.

The fact that a legit company is balking at a such a small utility claim is all the evidence you need that they aren't honest. Their insurance should have covered the cost immediately.

In CT a sprinkler system would require a building permit approval (plumbing) and the contractor would require a contractor license AND proof of insurance.

In VA, who knows. Maybe the company wasn't insured. Or worse...licensed.