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When underground utilities are damaged during development and infrastructure improvement projects, the consequences can range from minor setbacks to serious delays, loss of service and repair costs, environmental impacts, and/or personal injury.
Civil engineers at Robson Forensic are frequently retained to investigate and analyze circumstances surrounding various types of utility conflict incidents. In this article, Land Development Expert, Donald Hemphill, P.E., explores some of the intricacies and issues where underground utilities are encountered during construction activities.

During project planning and design phases, engineers often review utility records and marked field location to understand and avoid existing utilities on new development and infrastructure improvement projects. Contractors must take reasonable measures to locate and avoid underground facilities prior to digging and excavating.
Despite precautionary measures taken, unknown utilities can be encountered during construction and may result in:
New or existing utilities involved in conflicts may include:
Public utilities are owned and operated by a utility company or municipal entity, and are commonly located in roadway rights-of-way or utility easements. Private utilities and service lines are typically located on private property.
One-call notification centers coordinate with utility operators to identify and mark public lines only. Private lines typically require a third-party utility locating company to locate and mark utilities. Standardized paint colors are widely used in marking utilities based on the American Public Works Association color coding standards.
Records of utility locations are often schematic in nature or non-existent, providing minimal benefit during the design stage beyond increased awareness that a utility might be present. Records commonly provide only an approximate horizontal location and often no information on depth.
In many cases, the engineer will investigate the potential for existing utilities during the preparation of construction drawings and bid documents. In most cases, the contractor is responsible for conducting a one-call notification and marking request prior to excavating.
Language in a recorded utility easement or Right-of-Way plat is important to consider early in the design process, ideally matching the requirements defined in the construction contract. Encroachment agreements may be required by the utility company to permit the crossing of a new utility, or infrastructure improvement, through an existing utility corridor.
Easement and right-of-way documents may also contain language related to:
Some Department of Transportation contracts provide a mechanism of compensation for situations when unmarked/mismarked utilities are encountered, or when utility relocations are late. Other types of construction contracts can also include mechanisms to address additional work situations resulting from unexpected utility conflicts.
Construction activities commonly include excavations and open cut trenches but may also include trenchless technologies such as horizontal directional drilling, pipe bursting, auger boring, and jack & bore or pipe ramming. Utility strikes and other damage to roads and structures can occur when utilizing trenchless technologies due to:
State codes and regulations often define the responsibilities of the “excavator,” the one-call notification center, and the “utility company/operator” during standard and emergency situations. Exceptions to the duty of excavators may exist for work in, or related to:
Contractors’ personnel should be trained to recognize utility line markings, respond to emergency situations, and understand local safety regulations. When a utility strike occurs, the Contractor is typically required to stop work, notify the Utility Company, and coordinate the repair or modification.
A forensic analysis of incidents involving a utility strike, or utility unexpectedly discovered during construction, may include review of the following:
At Robson Forensic, we have civil engineering experts with experience with utility conflict matters who can assist in providing clarity around the circumstances of an incident and actions taken by the parties involved.
For more information, submit an inquiry or call us at 800.813.6736.
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