Q: Is contractor responsible to fix my septic tank?
I had tree work done in my back yard. Contractor asked where septic was when doing the estimate I let the contractor know that my septic was in the front yard. Come to find out I was wrong and it was in the back yard and got damaged during the tree work. At the bottom of their estimate sheet it said not responsible for any under ground utilities we are not made aware of.
Who’s at fault? They done a great job, but now I have a damaged septic tank. He called to let me know and at first I told him it is probably an old one but after having someone come check it is not an old septic tank.
A: A Kentucky attorney could advise best, but your question remains open for three weeks. Until you're able to consult with a local attorney, my general analysis is that a court would side with the contractor. This is because (1) the contractor's disclaimer is clear and reasonable, (2) the contractor was given incorrect information as to the location of the tank, and (3) the contractor did an excellent job. This is only an individual opinion. Other attorneys might see things differently. You could consult with local attorneys for a more detailed analysis that might include any applicable Kentucky laws. Good luck
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