Subsurface installations: attorney’s fees and costs.
The bill notably requires that courts or arbitrators award reasonable attorney’s fees, including expert witness fees, to excavators if they are found not to be liable for damages due to inaccurate field marking. This provision serves to incentivize operators to maintain proper marking practices and to hold them accountable for their failure to comply with regulations regarding the identification of subsurface installations. The amendment not only modifies existing liabilities but also promotes protective measures that could decrease disputes arising from excavation projects.
AB930, an act to amend Section 4216.7 of the Government Code, addresses the management of subsurface installations in the context of excavations. The bill primarily focuses on the responsibilities of excavators and subsurface installation operators. It mandates that operators must become members of a regional notification center, ensuring they participate in cost-sharing and proper communication regarding subsurface location marking. This fundamental requirement aims to mitigate the risks of damage during excavation activities by ensuring accurate communication of subsurface installations.
The overall sentiment regarding AB930 appears to be positive among those advocating for stronger protections for excavators. Proponents argue that it enhances legal clarity, promotes fairness in liability, and encourages responsible practices among operators. Conversely, there may be some concerns among operators regarding the financial implications of being held liable for failure to provide accurate markings, potentially leading to increased operational costs.
One notable point of contention surrounding AB930 is the balance of liability between excavators and operators of subsurface installations. While the bill aims to foster a safer environment for excavation by holding operators accountable for accurate marking, this could be viewed as placing an unfair burden on operators who might be reliant on third-party contractors for marking. Stakeholders in the excavation process will need to consider the implications of this liability framework on their operational procedures and contracts.