Essentially , the court of appeals says that once the utility corridor is marked on the surface , it is up to the contractor to figure out just where the utilities are and make sure that they don ’ t get damaged
The court of appeals agreed that excavators always have a duty to exercise reasonable care under RCW ch . 19.122 , but held that the statute also sets forth certain actions that excavators “ must ” take in order to meet that standard of care . As set forth in the statute , an excavator must ( 1 ) determine the precise location of underground utilities that have been marked ( by a utility locator or the owner ), ( 2 ) plan the excavation so as to avoid damage or interference with the underground utilities , and ( 3 ) provide subjacent and adjacent support for the utilities as may be reasonably necessary . RCW 19.122.040 ( 2 ). The court of appeals held that “ if an excavator damages a marked utility line because of its failure to determine the utility line ’ s ‘ precise location ,’ then the excavator has , by definition , failed to act with reasonable care .” out just where the utilities are and make sure that they don ’ t get damaged . On the bright side ( for the contractor facing strict liability ), the court of appeals found that despite Federal Way ’ s reliance on the Call Before You Dig statute to defend itself ( which statute also says an award of attorneys fees to the prevailing party is mandatory ), the contractor had sued only for breach of contract , and the contract required each party to pay its own attorney fees in that instance . So the court of appeals vacated Federal Way ’ s $ 22,000 judgment for attorney fees against the contractor .
Essentially , the court of appeals says that once the utility corridor is marked on the surface , it is up to the contractor to figure
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