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Village Blames Contractor, Contractor Blames Village; Homeowner Left Holding The Bag
By Tina Traster
You would think that if a municipality hires a contractor to install a catch basin, and a sewer pipe is severed, either the village or the contractor would be responsible for the damage.
That’s what Harry Vetter of Upper Nyack thought. But since March, when he discovered oozing sewage in his front yard, the homeowner has been caught up in a red-tape nightmare that forced him to shell out more than $12,000 to rectify a catch basin project that severed a sewer pipe that runs to his house.
“It was a cold day and there was still snow on the ground,” said Vetter, commenting that the discovery would have been worse in warm weather. “I found toilet paper and brown discoloration on my front lawn.” The sewer project had been completed three months earlier in Dec. 2024.
The homeowner, who bought his 1976 Upper Nyack house in a cul-de-sac in 2020, recalled the three-day project in December that had ripped up the sidewalk in front of his home.
What followed over the past eight months has left Vetter frustrated, disillusioned, and angry, because he had to absorb the costs to repair a pipe damaged by Green Meadows Enterprises of Walkill, the company hired by the Village of Upper Nyack for $49,000 to replace a catch basin on Highmount Avenue.
Vetter learned the hard way that neither Green Meadows, the Village, nor either of their insurance companies, has been willing to compensate him for the costs of repairing the pipe severed by Green Meadows. He understands that the only way to seek compensation would be to file a lawsuit for negligence – a move he’s considering.
This homeowner’s account is not unique; excavation companies often do damage for which they are not held responsible. Insurance companies deflect culpability. A homeowner’s only recourse is the courts, which can be a long and expensive process.
On March 13th, after Vetter discovered raw sewage, Orangetown Sewer came down to inspect his property and told him to contact a plumber. The plumber identified the severed pipe and charged Vetter $800. At the time, Upper Nyack’s Engineer Dennis Letson recommended three excavators to fix the problem, but three days later, after Vetter hired Environmental Construction of Stony Point, Dennis Letson told Vetter Green Meadows would repair the damage.
Letson wrote, “There is no doubt that this line was broken by the Contractor in excavating for the new CB. (= catch basin) It appears the machine operator was aware of the line being broken but failed to determine what the line was. There was no notification to the Village by the Contractor that an unknown line was encountered at the time of the construction.”
In the meantime, life at home for Vetter and his dog Lola was severely compromised because any use of plumbing forced more raw sewage through the broken pipe. Shortly after Letson told Vetter Green Meadows would return, he was back to square one because on March 26, Mike Buchholz, Project Manager at Green Meadows, wrote to Vetter saying the company “will not be moving forward with the sewer repairs on Highmount Terrace.”
Buchholz’ letter said: “The sewer line was not marked by the responsible parties within the Town as per NYS law. We cannot be held liable for deficiencies in work that was performed prior to our involvement in the project. The existing line does not meet current code requirements, and a proper repair would necessitate the installation of new service lines.”
The letter also said, “Sewer work was not included or specified in the original project contract,” and requested that if Upper Nyack proceeds with repairs independently, “we respectfully request to be notified in advance of the scheduled date and time. This will allow us to have a representative present to observe the work and help determine the exact cause of the damage.”
Vetter paid Environmental Construction nearly $10,000 for the repair, which resolved the flowing sewage. But he remains flummoxed that the municipal project ended up being his burden.
A general rule of thumb holds that if the underground utilities are marked (which is typically determined by a “Call 811” request before digging), and the contractor hits a pipe, the contractor is likely liable for the damage. Further, if the contractor failed to dig carefully, ignored markings, or used improper equipment, they can be held responsible for repair costs and any resulting damages. A contractor’s liability could include compensation for the cost of repairs, loss of use, and any other damages resulting from the damage to the underground pipe.
However, Green Meadows Enterprises says the sewer line was not marked.
When Environmental Construction opened the road, the company reported it saw raw sewage seeping into the ground from the pipe Green Meadows cut.
“When we exposed the pipe, we found it broken off in front of the new catch basin recently installed by others,” said Bruce Smith, principal of Environmental Construction. “The pipe was virtually dead ended. It is very clear that the sewer line was ripped out during construction of the new drain line and the catch basin installation.”
Upper Nyack’s Village engineer reached the same conclusion.
But Vetter has not had any joy from the village either.
“Neither the Village of Upper Nyack nor the contractor nor their insurance companies have been supportive in any way, even though village officials confirmed verbally and in writing that I was wronged by the contractor,” said Vetter. “I am out close to $12,000, not counting endless hours in phone calls. Green Meadows never returned calls.”
Karen Tarapata, Mayor of Village of Upper Nyack, said, “My heart goes out to Mr. Vetter and his unfortunate situation. However, the written responses of the Village Engineer and the relevant insurance companies are the only comments that the Village can make about this situation.”
Vetter sought reimbursement from Wright Public Entity, Upper Nyack’s insurer. Claims Adjuster Gregg Papush, denied Vetter’s claim. In August, he wrote, “Please be advised that I have reviewed our liability denial. The Village did not cause and could not have reasonably prevented your damages. Thus, your claim remains denied.”
A similar rejection came from Erie Insurance, Green Meadows’ carrier, when the village sought subrogation from Erie. Subrogation is the legal right of one insurer to recover money from another insurer who was responsible for a potential claim or loss.
Erie’s Commercial Liability Specialist Kim Foland cast blame on everyone but Green Meadows. She wrote, “There is no evidence to support a claim of negligence against our Insured. Green Meadows Enterprises, Inc. called UDIGG as required prior to performing any digging in NY State. The UDIGG report did not contain any markings for sewer lines. The UDIGG report only indicated markings for gas lines. Our Insured performed their due diligence prior to beginning the excavation work performed. The pipe that was struck appeared to be old and it was completely dry, giving no indication this was a live pipe of any type at the time of incident. The sewer pipe was connected to the Village of Upper Nyack sewer system and as such there should have been markings completed by UDIGG. The Village of Upper Nyack and or the municipality responsible for the public sewer in this area is responsible for their lack of notification to the proper entities for UDIGG to properly mark out for the sewer lines in this location.”
The takeaway from Erie’s letter was that it was okay for Green Meadows to sever Vetter’s pipe because it was old, appeared completely dry, and was unmarked, and that once it severed the pipe, it had no obligation to report it. It was okay to cover it up.
“I am so disappointed and feel left stranded by an overall terrific village, whose smart elected officials I know personally through many hours of volunteer work,” said Vetter. “I know it’s not their intent, but it feels like, as a law-abiding, taxpaying resident, I’m shown the proverbial middle finger to fend for myself for damage their contractor willfully caused.”
Green Meadows did not respond to a phone call or email seeking comment.
