A BC energy company filed a claim for $2,474.83 in repair costs against a contractor after he damaged a gas pipe while excavating a homeowner’s oil tank in 2022.
FortisBC argued to the BC Civil Resolution Tribunal that Gentry Konkin should cover the cost of the repairs because the incident was an act of negligence.
However, Konkin hit back.
Instead, he told the court that he followed all the appropriate guidelines when carrying out the contracting work. That included contacting the appropriate centre before beginning the excavation and requesting a Fortis representative to attend the site to confirm the gas pipe’s location.
Konkin said his request for a representative to attend the site was denied. He also argued to the court that the drawing provided by Fortis showed an incorrect location for the gas line and that his concerns were shared with the call agent.
Unfortunately for Konkin, the court decided against his assertions.
Konkin failed to prove that the drawing of the gas line’s location provided by Fortis was inaccurate. He provided a photo of the gas meter in the yard but did not provide evidence confirming that the gas line was somewhere other than where the drawing showed it to be.
Additionally, the court found that Konkin failed to follow the regulations provided to him by the call agent.
In the damage report submitted to the court, Fortis said that the “contractor pulled up [the] service with [an] excavator, then cut through [the] service with a reciprocating saw thinking it was an old, abandoned pipe.”
According to the tribunal decision, the regulations given to Konkin by the call agent instruct a person to “hand dig to confirm the gas pipeline’s location before using a machine.”
Konkin and his crew were found negligent for using the excavator without hand-digging to confirm the location of the gas line first.
Using the invoice for the repairs provided by Fortis, Konkin was ordered to pay a total of $2,816.46, including $2,474.83 in damages, $216.63 in interest, and $125 in court fees.