Village of Hallam v. L.G. Barcus & Sons

L.G. Barcus & Sons, Inc. (Barcus) was held liable to the Village of Hallam under the state One-Call Notification System Act (Act) for damage to Hallamâs sanitary sewer system. The Act established a one-call notification center so that excavators can learn of any underground facilities in the area where excavation is planned. The general contractor in this case complied with the Act. Acting under its contractorâs compliance, Barcus excavated on a private landownerâs property that ultimately ruptured Hallamâs sewer lines. Among the issues Barcus raised on appeal is whether the excavator can delegate its duties under the Act to another party to escape liability. The Supreme Court found that Barcus could not rely on anotherâs compliance to excuse its own noncompliance. The Court affirmed the judgment of the district court.