solicitor for defending claim against gas infrastructure owners?

[skuzy]

Hi all

Close mates were doing some renno on their drive way and hit a gas pipe. Now facing a bill by the infrastructure owner of the particular gas network for $3k bill.

Was wondering what options are there to fight this on the basis the 'digging' done as part of the renno was no more than 300mm deep.

This is in NSW and im not sure what exactly the rules are in regards to minimum depth for gas pipes - however would have assumed more than 300mms?

Also - any recommendations on the types of solicitors we would be looking for when seeking professional advice on this one?

Thanks in advance.

 

[Ausprop]

the size of the claim is not worth engaging a lawyer for - defend it yourself

 

[Ace in the Hole]

Dial before you dig - for next time....
http://www.1100.com.au/Portals/0/pdf/It's the Law in NSW July_3 2010.pdf

 

[Ace in the Hole]

Extra info from this website - http://www.servicecentral.com.au/re...you-dig-in-nsw-now-your-legal-obligation/1261

When don't you have to Dial before you Dig?
Some works are exempt - namely:

Using machinery or power tools to dig less than 150mm deep
Digging less than 300mm deep without machinery or power tools
Emergency excavation to mitigate death or prevent injury
Why do you need to?

Dialing before you dig can prevent you from hitting pipelines and causing damage, and failure to do so can affect a company's public liability coverage. Your quality excavation expert will know about these requirements but if you're doing landscaping or renovations by hiring machinery (or simply are prepared to dig deeply with a spade!) then you'll need to take on this responsibility.

To contact Dial Before You Dig call 1100 (calls are free from landlines) or you can submit a notification online at www.1100.com.au



So, did they dig with or without power tools and machinery?
This will likely determine the outcome.

 

[rowena]

i would ALWAYS use dial before you dig, even if you are digging less then 150mm, especailly if you are using some sort of power tool or equipment! I have personally seen fibre optic cable and copper network running out at less then 150mm..

I know.. I used to work for telstra in the db4ud section!!!!

as long as plans are within the statutory limit, telstras case is 60 days, other entities are 30 days, and the pipe wasnt on the plan then youre not liable. As long as you have done your duty of care, if you havent then your pretty much stuffed.

by the time you pay a lawyer, to try and reduce the cost down and add this ontop of the reduced fee, you are probably already going to be over 3K anyhow!

 

[Terry_w]

For $3k I can represent you!

 

[NBS]

Dial before you dig is good but does not stop you getting hit with a bill to fix if you still hit a pipe etc.

Take up Terry's offer.

Brian

 

[skuzy]

good news.. the gas company accepted the fact the pipe was way to high and credited the full amount..

telstra on the other hand... are being ******s..

 

[Ace in the Hole]

Fortunate to get away with the gas situation.
Although, what relation does Telstra have to gas pipes?