§ 87-108. Absence of utility location. - North Carolina Statutes

§87‑108.  Absence of utility location.

Should any utility owner whohas been given notice pursuant to G.S. 87‑102 fail to respond to thatnotice as provided in G.S. 87‑107, or fail to properly locate theunderground utility, then the person excavating is free to proceed with theexcavation. Neither the excavator nor the person financially responsible forthe excavation will be liable to the nonresponding or improperly respondingutility owner for damages to that utility owner's facilities if the person doingthe excavating shall exercise due care to protect existing undergroundutilities when there is evidence of the existence of those undergroundutilities near the proposed excavation site. (1985, c. 785, s. 1.)