Recourse for contractor who cut fiber optic

Started by ChadT2 • 11 replies • 3565 views

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ChadT2 (Florida)
Posts: 3

Posted:

We have fiber optic to the houses in our community. AKA Fiber to the premises (FTTP).

A contractor has cut the fiber to one of the residences and it will take some time for the repair. This has left the homeowner without phone, internet, etc.
Generally speaking, can the association levy penalties? I don't believe our Covenants, etc. provide any direction on this topic.

Full disclosure-it's my house and I am on the Arch. Control Committee but not the BoD.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Chad,

Under what theory would the association have any legal basis to fine a non-member contractor?

Many associations hold the homeowner responsible for damage done by the owner's invitees. Was this your contractor or one hired by someone else or by the association?

Why is going to "take some time for the repair?" If someone cut the line to my home I would call the provider and have it repaired within a day or so.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Chad

Level penalties against who? Only one the BOD can level penalties on are fellow owners.

Now if I was charged for the repair, I personally would seek reimbursement from the contractor.

I had a similair problem with phone/internet cable being cut by a contractor while building the house next door. I called the service provider (Windstream). They were there within a day and actually reran about 100ft of cable to get it off the next door property. They also had to have a trenching company come out a week or so later to bury the cable. I paid nothing.

Hope yours gets fixed fast and at no cost.

TimB4 (Tennessee)
Posts: 21,060

Posted:

Granted, fiber optics does take time to repair.

The provider of the service (cox, verizon, etc.)might require a new pull from the breakout to the home vs. just splicing. This may require that the service provider make the repair and then bill the contractor.

If your the homeowner, I'd contact the service provider and see if they are even aware of the break (and they will want to be made aware).

If your on the board, all you can do is make sure that the contractor you hired makes good on paying for the repair. You might also ask if anyone contacted miss utility to mark the underground cables.

ChadT2 (Florida)
Posts: 3

Posted:

Further info:

I have already contacted the provider, talked with them for 1/2 hour last night and they are sending a technician out today. 99% sure the fiber was cut.

Fiber is not an easy repair. They won't splice it b/c that would be cost-prohibitive. They will have to run a new fiber line from the closest box, which is two doors down. That is why it will take a long time. This isn't simple copper wire.

I agree that the HOA will only be able to levy fines against the owner. I just assume that cost would be transferred to the contractor.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

The HOA isn't involved in this matter at all unless they are the ones who hired the contractor. This is why a contractor is licensed and insured. To cover such damages if they are to occur. So the HOA has NOTHING to do with this except it happened on their property.

We hired some tree trimmers who ended up ripping up phone cables and some electrical going to the outdoor lightposts. It was on the contractor who did the damage to make the repairs and call the proper authorities to get it fixed. Fiber Optic will take some effort and time to fix as it's got to be a total replacement. The HOA, the owner, nor the contractor can do anything about that.

The HOA needs to stay out of this unless they did the hiring or the job was unapproved that was done.

Former HOA President

TimB4 (Tennessee)
Posts: 21,060

Posted:

Quote:

Posted By ChadT2 on 02/13/2013 7:07 AM

Fiber is not an easy repair.

I work with fiber. It is a pain in the behind but it's not that hard.
The problem is that often the splice fails (especially if buried). therefore, it's more cost effective in the long run to just run a new cable.

ChadT2 (Florida)
Posts: 3

Posted:

Thank you all for your replies.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

Generally speaking, can the association levy penalties? I don't believe our Covenants, etc. provide any direction on this topic.

It was an accident. I have no idea why you would want to fine for this. If your covenants don't cover this, you cant fine.

Your just an HOA, not the police. Don't pretend that you have more power than you do. You will end up in a costly lawsuit and loose.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

since it could have been avoided by 'calling before you dig', a/k/a having the buried utilities marked BEFORE they began digging, it was NOT an accident

it was, in fact, negligent

while it was not INTENTIONAL it COULD have been avoided

accidents can NOT be prevented regardless of due diligence

most traffic collisions are NOT accidents but are incidents (hence "Incident Report")

eg. you have your car thoroughly checked and inspected before going on vacation as well as new tires ~ tire blows out while NOT speeding - other vrhicle hit ~ accident

you have your car thoroughly checked and inspected before going on vacation as well as new tires ~ tire blows out while speeding - other vrhicle hit ~ NOT an accident

the wind blows over a perfectly healthy tree ~ act of god

the wind blows over a tree which has been VISIBLY leaning for a while -NOT an act of god

.............ranr over...........

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Thanks JohnB....Most people would have gotten that... The problem is that it's just going to take some time to fix. There's no recourse but to wait on the CONTRACTOR to do the repairs or contact the right people to do the repairs. It has NOTHING to do with the HOA. It's the contractor's fault and they should be insured to cover such incidences. Hence why we have insurance to cover such things that aren't covered by the "Acts of God".

Former HOA President

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

since it could have been avoided by 'calling before you dig', a/k/a having the buried utilities marked BEFORE they began digging, it was NOT an accident

Individual fiber lines are not always recorded properly if at all. Fiber lines are cheap and will not cause fire or injury and thus not a high priority. I've used digsafe before and they don't have records on all lines or extinct lines. Yes, mistakes happen.

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