Typically both. A contractor can't dig a hole in a public road without authorization from the local government.
In the case where the hole causes problems and a civil suit is filed then both sides can be brought to court. The problem is that the local government, based on precedent with the US and state government can elect to not have the case heard. Usually though this doesn’t happen. If the hole is a problem then the city will want to get it fixed and collect monetary damages.
In a case near Dallas the George W. Bush toll way was built to cut through some gentle hills. The engineer was responsible for designing supports that would hold those hills in place. When one of those hills collapsed the contractor and the engineer were sued. There has been a lot of argument with the city and a year and a half later the entrance ramp that was on that hill is still out of commission. The city wants that road repaired, but they don’t want to pay for it, they want the people responsible to pay and determining who that person is has caused the case to be tied up in court.
I don’t know the details of your case, but you are going to have to talk with the city or local council to determine who is at fault. Then that person or company has to be determined and brought before the court. If it is an expensive repair to make then the company will hire lawyers to delay the case. You will have to be patient since it will be illegal for anyone to repair the road without the local council’s permission. If the local council is going to sue the contractor then it may be best to ally with them. If you want to compel the council to repair the road then you may have trouble.
2007-03-21 13:10:17
·
answer #1
·
answered by Dan S 7
·
1⤊
0⤋
Usually the contractor, if he's working on a private residential road hired by the the property owner. But if the contractor was subcontracted out via another party, say a utilities company, or the highway department, then the latter is responsible for resealing and repavement of the hole. Unless it's a private road for a private resident, contractors shouldn't be independently digging up roads that are the property of the county or state.
2007-03-21 13:02:54
·
answer #2
·
answered by apsara24 2
·
1⤊
0⤋
I am in the construction business, doing some small time private work but ALOT of highway work. The contractor is required to have permits of some kind, permission or atleast some sort of authorization. Go ahead and take pictures of the damage, a few estimates from a mechanic and then send them into your local government office. If you get no compensation for the damage, you should go ahead and take them to court. I'm sure you will be able to get all the money it will take to get your vehicle fixed.... GOOD LUCK!
2016-03-28 22:47:25
·
answer #3
·
answered by Anonymous
·
0⤊
0⤋
The contractor ,if he didnt have the councils permission :)
2007-03-21 12:52:49
·
answer #4
·
answered by ? 7
·
0⤊
0⤋
contractor, unless there was a prior arrangement.
2007-03-21 12:54:45
·
answer #5
·
answered by Your Best Fiend 6
·
0⤊
0⤋
him or should i say who he works for
2007-03-21 12:56:13
·
answer #6
·
answered by kj 5
·
0⤊
0⤋
him
2007-03-22 01:06:53
·
answer #7
·
answered by dave h 1
·
0⤊
0⤋
both.
2007-03-21 13:01:17
·
answer #8
·
answered by NIGEL R 7
·
0⤊
0⤋