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Liability waiver?

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  • #16
    Originally posted by MainDrain View Post
    Had another interesting one today.

    I cam a line (for a realtor again) starting from basement clean out. Five foot downstream from the main clean out (which is outside the basement wall) I see what appears to be a fitting. I make a mental note and push on with my inspection. Everything looks good and on my way out I decide I'll take a closer look at the issue 5ft out from my starting point. Cam gets hung up a bit but I am able to jostle it out of the issue, Upon closer inspection what I had THOUGHT was the back of a fitting (45) is actually a backwater(Check) valve.

    These were common in this area in the 50's & 60's when the city sewer system would get overwhelmed and back up into homes. USUALLY they are installed right before the sewer line leaves the home and they have (clean out) plug on top of them so they can be serviced. I often just remove the brass flap assembly because they become stuck or dislodged over time. I have even got my snake caught on a couple of these and had to open them to dislodge my snake.

    Now if my camera would have gotten stuck on this check valve it would have been necessary to dig down 8ft deep in the front yard to access it, cut it out and remove my camera. Who would be responsible for this? Remember I was hired by the potential buyer. Her real estate agent met me at the job and the seller was supposed to be there but had left at the last minute for some reason. I had a waiver printed out and with me but it did not get signed by the owner of the property before I started and I decided to continue anyway. I consider myself EXTREMELY lucky that this did not take a turn for the worse! Just another example why a waiver should always be signed before work begins.
    In our section of laws as plumbers, there's a paragraph that states the home owner is responsible to tell you the existing conditions. In this case it was the BWV and he should of told you there was one. He also has to tell you where it is. If it went to court this paragraph would be in your favor. He can't pretend to be ignorant.