Liability for concrete drilling: advice & tips

Questioner

I have my own business in concrete drilling, now I drill through a pipe at a customer's house, but I am not insured against damage, see our terms of delivery, because I never know where the pipes are, I always say before I start drilling through pipes that all damage or costs are for the client. I also have them sign at the bottom of the receipt, I point out the terms of delivery. Now he is demanding compensation of 2500 euros because I drilled through the pipe, I drill through pipes several times a month.

Lawyer

You can point out to your customer the provision in the general terms and conditions in which you have excluded liability and indicate that you therefore do not pay any compensation. If it happens regularly (several times a month) that you drill through pipes, I would advise you to state separately in your agreements or quotations that you are not liable in addition to the statement in your general terms and conditions.

Lawyer

In cable and pipeline country (apart from digging and so-called 'ground disturbances') it is customary that when carrying out work it is first examined (a) where the pipes and cables are located exactly (localisation obligation) and (b) who will take responsibility for damage. This is usually the contractor. Good liability insurance is of course very important in this case. Therefore, explicitly discuss with your client whether there are pipes at the location where you are drilling through concrete and who will be liable for the damage.

Lawyer

As an expert, you will be taken to task. This means that a clause in the contract or in the general terms and conditions in which you place the risk with the client (an exoneration) may be annulled by a judge. This also depends on all the circumstances of the case. Do the general terms and conditions state that the client is prepared to insure himself against this? It is wise to immediately submit the case to a lawyer if the damage is getting out of hand. In any case, I would include the exemption in the main contract and not in the attached general terms and conditions. In my opinion, that is also not sufficient. Have the AVW and order confirmation legally scanned.