§ 12-120

242 words·~1 min read·/md/public-utilities/12-120

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§12–120.

(a)Except as provided in subsections

(b)and

(c)of this section, a person that obtains the information required under this subtitle is not excused from:

(1)performing an excavation or demolition in a careful and prudent manner; and

(2)liability for financial damages or injury that results from the excavation or demolition.

(b)If an underground facility is damaged by a person that fails to comply with this subtitle, the person is deemed negligent and is liable to the owner for the total cost of repair of the underground facility, unless the owner has failed to become an owner–member in accordance with § 12–123 of this subtitle.

(c)If an underground facility is damaged by a person that is in compliance with this subtitle and the owner has failed to become an owner–member in accordance with § 12–123 of this subtitle:

(1)the person is not liable to the owner for the cost of repair of the underground facility; and

(2)the owner is liable for any repairs or restoration of property damaged by the excavation or demolition.

(d)Subsection

(c)of this section may not be construed to interfere with the right of:

(1)a third party to recover financial damages arising out of the excavation or demolition from the person or from the owner; or

(2)the person to seek contribution from an owner for financial damages sought by a third party under paragraph

(1)of this subsection.