Grant Piraine
Aug 20, 2020
Over the years, I have received numerous requests from clients performing ground disturbance work who are seeking advice on how to manage expectations when locates are delayed or incomplete. In most cases, these contractors must rely on public and private locate information provided to them, often while facing significant schedule pressure from owners, developers, or project managers.
Below are excerpts from real correspondence that was forwarded to me for guidance.
“You had asked about the locates for this project and I spoke to our team and was told by our health and safety director that because this project area was previously undeveloped land and we are the ones who carried out all earthworks, piling, drilling, and site development, we are confident that no utilities exist except those installed by our own in house utilities team. As such, we were told that no public locate requests are required and that our internal clearances are sufficient. I have attached the clearance email from our utilities team for your reference.”
“We will only be ordering public locates today and I am concerned they may not be completed in time for the scheduled drilling. We are hiring a private locator this week. The client has asked me to check whether you would proceed with only private locates if the public locates are not ready. The site is an industrial manufacturing facility. There is no pressure from our end, the client simply wanted to know if this was something you would consider.”
“Public and private locates were completed previously, however both have since expired. This letter is to confirm that the site has remained under the care and control of the property owner since the expiry date and will continue to remain under their care and control until drilling activities are complete.”
These situations are not rare. Delayed locates are a real challenge across North America, and the impacts to schedules and budgets are significant. Over time, this pressure has led some organizations to normalize risk and search for workarounds rather than addressing the underlying issue.
The pressure from clients is real. However, once an incident occurs, hindsight becomes immediate and unforgiving. When damage happens or someone is injured, verbal assurances, internal emails, and responsibility shifting language provide no protection. This is when accountability is reassessed, and responsibility is often redirected toward those performing the work.
It is critical to understand that assurances such as “we installed everything,” “we control the site,” or “we assume liability” do not remove the obligation to know what exists below ground before ground disturbance begins. Nor do they change the consequences if a buried facility is damaged.
I am not a lawyer and this is not legal advice. However, common sense and experience make one point very clear. Asking someone to proceed without complete locate information, while offering to assume responsibility, does not protect workers, contractors, or owners if an incident occurs. Liability cannot be negotiated away after the fact, especially when safety is compromised.
Across North America, safe ground disturbance relies on two fundamental principles. Publicly owned infrastructure must be identified through the appropriate public notification systems. Privately owned infrastructure must be identified through proper private locating. Both are required to understand site risk. Neither can replace the other.
Waiting for locates to be completed can be frustrating. It can impact schedules and costs. But proceeding without complete information carries far greater risk. Delays can be managed. Injuries, fatalities, and major infrastructure damage cannot be undone.
Managing locate expectations is not about saying no to clients. It is about setting clear boundaries, understanding roles, and recognizing that safety and due diligence begin before any tool enters the ground.
If you have experienced similar pressure or have questions about managing locate related risk on your projects, I welcome the discussion. You can contact me info@ownyoursafety.com.
Safe digging starts with knowing.