The landscapers left a drainage problem after installing a patio. Who should pay for the repair ?
They cut through an existing underground drainage pipe (admitted it at the time), and when that turned out to be a problem, they got mad at me for suggesting they should correct it for no additional charge. Was I out of line for thinking they should fix what they broke?! We’re going to arbitration now to see who’s right – what are my chances?
They extended a wall beyond where the contract said it should go without talking to me first. The wall bordering the patio was replacing existing landscaping timbers. If they’d stayed with the original plan, the pipe would’ve been untouched. They didn’t ask me if they could change the design we agreed on, they just did it.
They were supposed to call One Call to make sure there were no underground pipes or wires. So that was the first red flag. I suggest you get someone out there to look at the drainage pipe and present the repairs to the contractors.
P.S. If you hired landscapers to install a patio, you hired the wrong people for the job. Landscapers usually only do landscaping, not contracting and building.
They should have fixed it at the moment they realized they damaged it. THEY are at fault and I am confident the arbitrator will agree. You should go in with estimates of what it will cost you to hire someone to fix what they broke. The “settlement” may be monetary rather than an order for that same company to go fix the problem. In fact, you’ll maybe want to consider requesting the monetary settlement in stead.
Did you tell them there was the possibility of a drainage pipe under there? Better yet, was it written in the contract? They don’t have Xray vision so didn’t know before. The service to locate underground utilities is only for utilities, not drainage or sprinkler pipes. It’s your responsibility to tell the contractor of possible hazards.
At the time the pipe was cut, the decision to repair should have been discussed and an addendum to the contract made right then and there. Work should have stopped immediately and the drainage pipe repaired as well as changes to the plan if required.
Sounds like both parties are at fault.
Whoever broke it should fix it. Any reputable contractor would have fixed the pipe without question. The fact that you didn’t tell them about the drain pipe makes no difference. Not to mention they were digging in an area that was beyond the agreed upon work location without first consulting the home owner. I wouldn’t let these guys back in the yard. Take the cash and call someone else to do the repairs.