OT: who is at fault?

[southbarringtonjen]

Our neighbor had a rather swanky outdoor party. The outside tent (think fancy air conditioned wedding reception type tent) was quite large. Our neighbors asked if half the tent could extend into our yard. We said fine. Well during setup one of the large spikes used to anchor his thing severed one of our sprinkler system lines.

Now the tent company says it is the renters responsibility to call the local authorities to come and spray paint utility lines. Which they did, but it was just for their yard obviously. So the tent company says it isn't their fault. Our neighbors say it wasn't their fault, they didn't cut the line the tent company did.

This is getting out of hand fast, and I imagine lawyers will be called Tuesday since this happened over the holiday weekend.

 

[rparmfamily]

I'm not a legal expert, but I think your neighbors are at fault for not having the entire area the tent was going to be located sprayed. I think the tent company is not at fault for that very reason. They followed the markings on the ground. The utility company is not at fault unless they were specifically told to mark both yards (which I assume they weren't.)

Good luck!

 

[ShelsGoingToDisney]

I am of no help on the actual legality issue but common sense would say the neighbor should pay ASAP and then try and recoup/bicker with the tent company. The last people to be out should be you! NO good deed goes unpunished I guess!

 

[quasar4legs]

Gosh how unfortunate.
If I was your neighbour I would expect to pay for your repairs straight away and then sort it out with the hire company.
I hope it gets resolved quickly.

 

[msmayor]

I'm going to disagree here and say it was your fault.

Sprinkler lines are installed by a homeowner, not by a utility. Getting a "mark-out" of underground lines is only going to provide information on where gas/electric/cable/phone lines are, NOT those items that a homeowner has installed.

YOU knew you had sprinkler lines. YOU gave permission for the tent to come into your yard, and YOU should have known where your lines run (I have a sprinkler system...when they did the installation I followed them around and sketched the location of my underground lines for just this reason...so I'd KNOW where they are).

Sorry, but I think you should pay.

 

[Alesia]

I'm going to disagree here and say it was your fault.

Sprinkler lines are installed by a homeowner, not by a utility. Getting a "mark-out" of underground lines is only going to provide information on where gas/electric/cable/phone lines are, NOT those items that a homeowner has installed.

YOU knew you had sprinkler lines. YOU gave permission for the tent to come into your yard, and YOU should have known where your lines run (I have a sprinkler system...when they did the installation I followed them around and sketched the location of my underground lines for just this reason...so I'd KNOW where they are).

Sorry, but I think you should pay.

I tend to agree with this. Even if the utility company would have marked your yard too, they wouldn't have been able to mark where your sprinkler lines were. There was also no way for your neighbor or the rental company to know where they were.

 

[buckler]

On the other hand, one could argue that the tent company should know that sprinkler lines are not marked when a utility company marks the lines. They must run into this frequently since they install tents regularly. You would think they would, as a standard practice, ask where the sprinkler lines are on any property they are installing a tent.

 

[darrengs]

Legally I would assume that your neighbor signed a contract with a release of liability. Now the decent thing would be that your neighbor pays for the repair.

 

[msmayor]

On the other hand, one could argue that the tent company should know that sprinkler lines are not marked when a utility company marks the lines. They must run into this frequently since they install tents regularly. You would think they would, as a standard practice, ask where the sprinkler lines are on any property they are installing a tent.

Again, I disagree. Its your property, not the tent company. They were hired to install a tent. Period. Its the homeowner's job to ensure that the tent is placed in the right spot on their yard to cause no damage. Its why the homeowner has the responsibility to ensure that the mark-out is made, not the tent company.

Not every homeowner has underground sprinkler lines. Its not their job to ask about them, its the homeowner's job to TELL them they are there.

 

[patsal]

I think, unfortunately, crap happens. A good neighbor would pay for it knowing that you were kind enough to allow it to be placed on your property. If they don't my guess is you pay for it and learn to never again say yes to a neighbors request.

 

[buckler]

Again, I disagree. Its your property, not the tent company. They were hired to install a tent. Period. Its the homeowner's job to ensure that the tent is placed in the right spot on their yard to cause no damage. Its why the homeowner has the responsibility to ensure that the mark-out is made, not the tent company.

Not every homeowner has underground sprinkler lines. Its not their job to ask about them, its the homeowner's job to TELL them they are there.

I wouldn't be surprised if the rental company asked the renter where their sprinkler lines are (whether they have them or not). If they asked them to get the utility lines marked, they probably asked about other underground systems. My guess is it's the renter that neglected to ask the same questions of the OP. The renter knew of the risk but neglected to inform the OP of the risks. So I'm going with renter should reimburse OP.

OP should be glad that one of the swanky guests wasn't injured while in the half of the tent on their property. That would have been an even bigger nightmare.

 

[DawnM]

I would contact a lawyer and find out legally and go with that.

 

[Lisa loves Pooh]

I think the neighbor should pay. Something on your property got destoyed due to their negligence (or That of the tent company).

I know that when we had work done in our yard...I.e. A pool install, it was made clear that if they destroyed things where the pool
would go, it was me who replaces it.

I am wondering what their contract stated. A sprinkler system is NOT a utility. Ignorance of it's existence doesn't automatically recuse them.

The neighbor should do the right thing and pay for it and then resolve any legal issues on their own.

 

[MarilIncredible]

I think you had the responsibility to indicate where the sprinkler lines were, since neither the utility companies nor your neighbor would know that information. As such, I think you are responsible fo the repair.

 

[mrsklamc]

I think it depends. Did the neighbor mention anything to you about the fact that the tent people had warned them that underground utilities and lines should be spray painted? Or were you outside at all to notice that their ground was spray painted?

 

[woodkins]

We have tented our yard a few times for parties and each time the tent/rental company points out that in the contract they will do their best to avoid sprinkler/underground pipes but that they are NOT responsible for any damage and repairs. You are giving them permission to install the tent and that is it...any damage that occurs as a result is your problem. I would call the tent company and ask to see a copy of their standard contract (don't even tell them the situation, just ask to see their standard policies).

 

[clarabelle]

Getting sprinkler lines fixed is a pretty cheap job around here.
Won't your neighbors pay? Seems like they could manage it if they can afford that kind of tent
What is another 100 bucks?

 

[surfgirl]

my immediate reaction was, 'Doesn't matter, as long as someone makes you whole'.

I'm surprised by the 'it was your responsibility to mark the lines'... I never would have thought of that. Did the neighbor ask you to mark the lines ? She they ask you a day in advance or 3 weeks in advance ? Did you ever see the contract ?

I would have a nice conversation with them... " I am calling my sprinkler guy on Tuesday, I will have the bill sent directly to you. Hope your party was great! "

(btw, were you invited ? )

Let your neighbor duke it out with the tent company. If they can afford a swanky air conditioned tent, they can afford the $200 or so to fix your sprinkler. You aren't trying to be a jerk, but you did a favor and got punished for it. Why should you pay for someone else's mistake ?

 

[mrsklamc]

YOU knew you had sprinkler lines. YOU gave permission for the tent to come into your yard, and YOU should have known where your lines run

Yes, but should she have known there was possible damage to them? I've never set up a tent. It wouldn't have occurred to me that I needed to make sure they knew where the sprinkler lines were.

 

[Praying Colonel]

My guess is the company had a contract with the neighbor which required the neighbor to mark any and all areas where stakes would be driven and alert the company to any underground pipes/lines/etc. The contract probably also contained an indemnification clause requiring the neighbor to reimburse the company for any damages.

This is what homeowners insurance is for. IMHO either the neighbor pays or the neighbor refers the matter to his/her homeowners carrier.

That is, however, if OP is willing to take it that far, which could mean permanently damaging their relationship with neighbor. OP has to make that call as to whether it's worth it to do so.