Village of Hallam v. L.G. Barcus & Sons
Annotate this CaseL.G. Barcus & Sons, Inc. (Barcus) was held liable to the Village of Hallam under the state One-Call Notification System Act (Act) for damage to Hallam’s sanitary sewer system. The Act established a one-call notification center so that excavators can learn of any underground facilities in the area where excavation is planned. The general contractor in this case complied with the Act. Acting under its contractor’s compliance, Barcus excavated on a private landowner’s property that ultimately ruptured Hallam’s sewer lines. Among the issues Barcus raised on appeal is whether the excavator can delegate its duties under the Act to another party to escape liability. The Supreme Court found that Barcus could not rely on another’s compliance to excuse its own noncompliance. The Court affirmed the judgment of the district court.
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