In today’s excavation landscape, defending against utility damage claims hinges not just on good intentions or common practices, but on enforceable documentation—collected before any damage occurs. Without a comprehensive, well-documented file demonstrating the excavator acted responsibly and adhered to best practices, claims defense becomes an uphill battle.
We now operate in a utility damage prevention culture where proactive documentation is no longer optional—it’s essential. Every excavator must rigorously document their own adherence to damage prevention standards and verify the actions of locators. If you’re not treating every job like a potential claim is already pending, you’re exposed.
Enforcement Begins with Documentation.
Damage can happen anywhere on-site, so your documentation must be comprehensive and timely. Waiting until after damage occurs is too late—key evidence, such as locate mark positions, may already be erased by construction activity. Your defense must be built before the first shovel hits the ground.
Below is an enforcement-focused checklist every field team should use—not only to prevent damage but to solidify an irrefutable defense when they are not at fault.
Positive Response Verification:
Have you reviewed and documented all positive responses for your jobsite? Yes or No.
Despite 811 being around for years, most field crews—including foremen and superintendents—still don’t understand what a positive response actually means. Many rely solely on a paper ticket for compliance, failing to verify that all responses have been returned and interpreted correctly.
Enforcement Tip: Positive response documentation should be required and reviewed on-site daily. In states like Florida, only 3 out of 23 codes confirm the site is marked or clear. The other 20 indicate no-go conditions. Not verifying these is negligence.
Photographic Evidence of Locate Marks:
Have you photographed all locate marks as referenced in the positive response? Yes or No.
Field photography of locate marks isn’t just a best practice—it’s a non-negotiable enforcement tool. Some contractors mandate photos to qualify for claim defense support. If subs fail to comply, the damage cost is deducted from their next invoice. The result? Fewer claims, better compliance.
Enforcement Tip: Use a measurement tool or range poles with fixed reference points (e.g., curbs, sidewalks) to record exact mark locations. Photograph the full range pole (typically 12 feet) for scale. This enables accurate mark reconstruction after they’re destroyed.
Potholing and Locate Accuracy Verification:
Have you potholed key facilities and documented the measurements and depth relative to the locate marks? Yes or No.
Excavators are often the only ones who uncover buried infrastructure. This makes potholing a dual-purpose enforcement tool: verifying the accuracy of marks and documenting locator performance.
Enforcement Tip: Treat potholing like post-damage investigation. Use measurement tools to photo-document depth and offset. This data not only protects you—it provides essential feedback to facility owners and locators.
Gas Line Marker Pylon Documentation:
Have you photographed all the gas line marker pylons near the work area? Yes or No.
Large gas lines may exist even if only small lines are marked. Overlooking this is a massive risk—both from a liability and safety perspective.
Enforcement Tip: Make it a standard procedure to scout the surrounding area for pylons and other above-ground indicators. Document everything. Enforcement starts with visibility.
Fiber Optic Pylon Documentation:
Have you photographed all fiber optic pylons in the work zone? Yes or No.
Fiber optic damage is expensive. A single misstep can lead to six-figure damage claims and service disruptions.
Enforcement Tip: Include fiber optic documentation in your pre-excavation checklist. No exceptions. High-risk utilities demand high-standard enforcement.
Unmarked Surface Indicator Reporting:
Have you identified and reported any unmarked surface indicators to 811? Yes or No.
The existence of unmarked surface features—like pedestals or vaults— demands immediate reporting. If not addressed, you risk being held accountable for another party’s oversight.
Enforcement Tip: Surface feature checks should be mandatory on all jobs. Train field teams to look beyond their immediate dig zone. Missing a pedestal 200 feet away could cost you the claim.
Documentation as a Deterrent—and a Shield
These six practices are not just about protecting your company in the event of a claim—they are the foundation of active enforcement on the job site. These methods:
• Deter negligence by field teams and subcontractors
• Expose locator inaccuracies before they become liabilities
• Create enforceable records that hold up during claims investigations
• Improve safety and reduce downtime
Utility owners and locate companies want to know when their systems fail. Excavators are often the only boots on the ground who can provide this insight— but only if they’re documenting it.