§ 12-120. Application of subtitle

West's Annotated Code of MarylandPublic UtilitiesEffective: March 13, 2021

West's Annotated Code of Maryland
Public Utilities (Refs & Annos)
Division I. Public Services and Utilities [Titles 1-15] (Refs & Annos)
Title 12. Underground Facilities (Refs & Annos)
Subtitle 1. Excavation or Demolition near Underground Facilities (Refs & Annos)
Part IV. Excavation and Demolition (Refs & Annos)
Effective: March 13, 2021
MD Code, Public Utilities, § 12-120
Formerly cited as MD PUBLIC UTIL COMP § 12-104
§ 12-120. Application of subtitle
Currentness
Duty of care and liability for excavation or demolition
(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.
Failure to comply with subtitle
(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.
Failure to become owner-member
(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.
Rights of third parties
(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.

Credits

Added as Public Utility Companies § 12-104 by Acts 1998, c. 8, § 2, eff. Oct. 1, 1998. Amended by Acts 2001, c. 399, § 1, eff. June 1, 2001. Renumbered as Public Utilities § 12-120 by Acts 2010, c. 635, § 2, eff. Oct. 1, 2010. Amended by Acts 2010, c. 635, § 3, eff. Oct. 1, 2010; Acts 2021, c. 18, § 1, eff. March 13, 2021.
Formerly Art. 78, § 28A.
MD Code, Public Utilities, § 12-120, MD PUBLIC UTIL § 12-120
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document