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Muhaisen & Muhaisen LLC is among the premier law firms in underground cable damage cases across the state of Colorado. We litigate cases brought by underground utility companies, and have specialized knowledge of this specfic area of law.  ,

Excavating Law Background

​The increasing volume of damages resulting from a failure by individuals and companies to obtain follow the rules before digging or excavation has causes utilities companies including energy, internet, and phone providers to enforce civil penalties as spelled out in Colorado’s Excavation Statute, C.R.S. 9-1.5-101 et seq as a means to seek compensation for those damages.

The Excavation Statute was enacted to create a one-call network in Colorado – COLORADO 811. The free location service is designed to help excavators prevent injuries and damage to underground facilities. The one-call notification system is user friendly and simply requires three business days notice prior to the start of any excavation. COLORADO 811 then notifies the facility owner of the request and the owner marks their facilities.

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Under certain delineated circumstances the facility owner can pursue an award of civil penalties against an excavator who fails to operate in accordance with the statute. These situations include:

  • Failing to call COLORADO 811 and request a locate ticket
  • Excavating outside the original reported dig area
  • Excavating prior to the ticket locate date
  • Excavating on another excavator’s requested locates
  • Excavating more than 30 days after the locate date

The civil penalties can be significant,first-time violators are subject to a $5,000.00 civil penalty, plus court costs and attorney fees.

Muhaisen & Muhaisen LLC has investigated, negotiated, and litigated many Dig Law cases all over the state. If you are a utlities company or municipality that needs consultation or advice in this important area, contact our Utilities Damages lead attorney Mark Malone at mark@muhaisenlaw.com
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