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Discussion Starter · #1 ·
Hi all and merry christmas. The other day i got a call for a estimate. The guy wants the dead end road done and the 4 drive-ways. He wants no salt or sanding wicth i would have him sign off on. But it is a town road But they dont plow it. I think the toan just may have forgotting that its there. I told him to call the town and tell them and see what they say. There is another contrater plowing it now but they dont like his service. Should i take on this account. It will take me about 45 minutes to plow the road and all 4 drive-ways. and what liabilitys are there
much thanks

Rich:burnout
 

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76chevyman said:
what liabilitys are there
ALOT!

lets say g'ma comes tooling down the road and puts her car in the ditch, her children and insurance company push her to sue the guy that last touched the roads. and trust me your no fault contract will not stand up in court because you left the road in a still unsafe condition(no salt) I would tell the guy either some salt to help get it melting or call someone else.

Nate
 

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If it is a public road, your insurance will likely not cover you unless it specifically lists municipal roads. If it is a private road, check with your insurance agent to make sure. Not all "abandoned" roads are "private roads".

Regardless, document that you recommended salt and it was declined. Also, make sure the person having you plow has the "right" to do so (ie: he is the owner of the road). He may live on the road, but still not have the right to contract for services.
 

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Discussion Starter · #4 ·
I know for a fact its a town road and this guy doesn't have the atthority to contract. He lives on the road. They do have a currant snow plower. Wicth i know doesnt work for the town. But if the guy calls me back i think i will explain to him my liability and that he should contact the town and try to get them to plow. But i will be willing to plow the drive-ways. any other input would be great guys


Rich:burnout
 

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"But if the guy calls me back i think i will explain to him my liability and that he should contact the town and try to get them to plow."

That sums it up right there. Assuming he & the others living on the road have paid their property taxes, there is no reason they should not receive the town's plowing services. Tell him he needs to complain a little LOUDER LOL. Then get the driveways.
 

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I have have the insurance coverage to plow town roads. It is not cheap! The other issue that may be required for plowing public rights of way is that you may be required to be bonded. This may be a case of a developement road that has yet to be formally or legally accepted by the municipality. Untill you are fully covered, be VERY CAREFUL. Talk to your insurance agent, once you get done with them I'm sure you'll run in the the other direction, as I should have done.
 

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How do you know for a fact that it's a town road?

jp
 

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Discussion Starter · #9 ·
I went to town hall of that town because i plow 4 differant towns and asked them if this was listed as a private road or a town road they said town.


Rich:burnout
 

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I'm willing to bet it is a "town way" or public easment road. Thus, anyone may pass over it and has a right to do so, but the town only has agreed to accept it as a public way, not an official town owned and maintained road.

This gets real messy. I've dealt with this on private and semi private ways for years. Lots of times a town will maintain it, but not own it, leaving ownership and liability(?) to the rightful owners.

If its a town road, why isn't it being maintained? In Maine, if someone lives on a town road, and requests a that it be maintained, the town legally must maintain it, baring a few exceptions.
 

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The other thing we have in Maine is "Minimal Maintance" roads. I've never been asked to do one of these, but I know people live on them. I know two around here that I wouldn't take a car over when they're nice and dry.
 

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We are hoping to build a house next summer one one of those "minimal maintenance" roads. We purchased 72 acres one mile down a discontinued town road in Waterboro. Basically it is a town road that the town does not maintain. A public easment still remains. I plan to plow the road myself. There will be one other house about 3/4 of a mile down. The road commisioner for the town said they would be willing to take over maintenance of the road if we brought the road up to state specs ( 20' wide of gravel with 50 cleared right of way). Right now the road is 12 - 14' wide and will most likely stay that way. We plan to clear 6-8' on either side and add gravel to smooth out what we have.
 

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BWinkel, just curious. Are you going to have to bring electricity in from the main road? That's what tripped up a lot of people here. I was one of the last to get one pole free and wire strung for free. I was just talking to a guy the other day who said it's around $500 a pole and so much a foot for wire. Used to be if you were in excess of one pole, you could put it on your electric bill and spread it out over so many months. Now it all has to be paid up front before they start. Apparently, a result of deregulation.

There are some people here who were using generators are going to be using them a while longer.
 

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Man, another great thing about living way up there LOL. Plan on around 2 or 3 grand per pole here, + wire, etc.

76Chevyman,
Was this before or after the thread here? Just curious if you followed up with them to find out why they're not plowing it (the town that is)?
 

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You list Norwalk CT as the place this supposed town road exists. That being the case, and I living in the huge metropolis of Union CT, pop 600 or so, 1000 dogs and 800 cattle, We have a ton of "private roads" that are mapped, signs installed, but yet, the town highway does not plow them. It is up to the people of that road to take care of it. At the same time, those homes on private roads (DO GET) a substantial discount if you will,, on their property assessments. In Holland MA where I ran the hwy dept, 100 yards from where I live now, those private roads, and there are many in Holland, will be plowed providing there are school children on that road. I would ask the town assessors, (NOT) the property owner who called you, to give you a determination on that road. If it is a true town road, sta y off it, if it is a private road, than ask the town attorney ( he/she should be made availalbe to you, free of costs, to answer this question.. I've cut deals, never once had a problem doing it either, where a small private road is plowed by private contractor, we sanded it, and also loaded their pick ups with sand as a thankyou for helping. The assessors in the area you asked about are really the ony ones who can tell you if it is public/private.
 

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****
CMP quoted me just under $35,000 to install and wire 19 poles. You're right they don't finance any more. They were nice enough to include a sase for me to send my check in. Saves me $.37 in postage (must be what they are talking about in their ads about lower prices). I had a friend who ran 24 poles about 6 or 8 years ago before deregulation. He paid $12,000. Anyway, the good news is I can split 3/4 of the bill with my nieghbor - he will pay for half of 15 poles. Also, the price of the land was about half of what it would have been if power abutted the property.
 
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