We are a small HOA of 13 condos in Missouri. We have to remove a RR Tie wall and replaced with a Versa Lok concrete block wall approx. 100 Ft. by 7 ft. By MO law we must contact Dig Rite to come out and mark under ground utilities.
We did this prior digging and the contractor was provide with the markings, During the excavation the contractor hit an unmarked electric line that was not marked. The electric company came and verified the line was not marked and agreed to relocate the line to insure the safety of the contractor. After 3 days the electric co. has not relocated the line. The contractor is invoicing the HOA $2050 a day ($6,150) for the work interruption. Our contract reads that any electric interruption of work due to electric disruption is payed by the HOA. We believe the invoice is not itemized and not realistic and the company that erred in marking should be liable for the cost.
What say you?
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