H and L Drilling, Inc.

Review: Approximately two weeks ago I called [redacted] at H & L Drilling regarding a possible well to be drilled on my property at [redacted]. He agreed to meet me at the location and ascertain the feasibility of drilling a water well there. He was asked initially if a spot near the current building could be utilized, however his response was that it would take considerable earth moving to get his drilling rig to that location. He then suggested a spot closer to the corner of the lot in the west corner behind the garage, next to the neighbor's property, which again would require considerable dirt moving on the part of an excavator, [redacted]. Basing my decision upon his expertise, I agreed to go ahead with the project and [redacted] spent half of a day moving dirt at a cost of $800.00.

Apparently when the dirt work was done the neighbor came over and told [redacted] that his proposed well site was only about 40’ away from his (neighbor’s) drain field. Subsequent to that [redacted] called me to notify me of this situation. When I told [redacted] that I would never have done all the earth work if I had known the neighbors drain field was there, he stated that at least I had an area cleared out for parking and I could always request a variance from the County for a proposed well where I originally suggested drilling.

After considerable thought on the situation I met [redacted] at his building on Highway 12 East. I suggested to him that I believed he bore some responsibility in securing a viable site and due diligence had not been done on his part. I also told him I thought it was not unreasonable that he consider pitching in half the cost of the dirt work. His response was that I should have known the neighbor’s drain field was there. Apparently the neighbor had made some comment in passing some 10+ years ago. After his refusal, I there upon left telling him I would see him in court.

I recognize that some of the responsibility is mine, as the landowner, to share any knowledge that I might have of nearby impediments to any proposed drilling site on my property. However, does the “professional” driller not an equal or greater responsibility as the licensed professional. I would never have authorized the dirt work had I known that neighbor’s drain field was so close. If [redacted] had said “Perhaps we should check with your neighbor for any nearby septic or drain fields on his property” I would have been over there in a New York minute.

In summary, as a lay person, I relied upon this driller’s expertise to drill proposed water well on my property. Did he not have a responsibility to secure all the information necessary to make sure that was a viable spot? What I am also wondering is the state properly preparing drillers in the licensing process? Are they making sure that drillers are doing their due diligence before drilling water wells? This is not unlike an excavating company starting to dig before knowing where utility lines at located. I asked [redacted] to build me a well and what I got was an expensive parking area that I did not need.

Sincerely,

[redacted].Desired Settlement: As stated above, proprietor of H & L Drilling was asked to pay half cost of dirt work incurred to prepare proposed drilling site for his rig.

Business

Response:

July 29, 2015

Accreditation Services Supervisor

Revdex.com

152 S Jefferson Ste 200

Spokane, WA 99201

Case # [redacted]

On July 6, 2015 I was contacted my Mr. [redacted] for a well

consultation at his property at [redacted]. I met with Mr. [redacted] on location July 7th

2015. Mr. [redacted] was looking at a well

site down by his cabin; I told him we would have to build a road down to the

site to get the drill rig in. I told Mr.

[redacted] that this site was not 100’ from his drain field. I then suggested to Mr. [redacted] that we look

at a site on the West side of his property behind his garage. I told Mr. [redacted] that this location was 100

from his drain field but I did not know where the neighbor’s septic system was

located. I told [redacted] to let me know when

he made a decision as to what he wanted to do.

On the morning of July 20th I was mobilizing my drill rig into a

well location for a client close to Mr. [redacted].

I saw that the pad had been constructed for Mr. [redacted], I stuck a flag

in the well location. When I came back

to the shop I called Mr. [redacted] to ask him to verify the well location. He told me he didn’t need to because the pins

were all there. On my second trip out I was

mobilizing the support truck into position next to the drill rig. Mr. [redacted]’ neighbor came over to talk to

me. He told me that the well location for

Mr. [redacted] was only 40’ away from his drain field and he had informed Mr.

[redacted] several times where his drain field was and also informed the excavator

that was doing the excavation for Mr. [redacted] that his drain field was only 40’

away from the drill pad. I called Mr.

[redacted] when I came back to the office to let him know that his neighbor had

informed me that the drill pad was only 40’ from his drain field. Mr. [redacted] asked me if we could still drill

the well in that location, I told him my recommendation would be not to drill

the well there. I told Mr. [redacted] that

if we drilled the well there it could cause problems for him and his neighbor both. If the neighbors septic failed the county

would probably make Mr. [redacted] replace the septic and abandon the well. I also mentioned to Mr. [redacted] that if we

drilled the well there he would have a hard time if he ever wanted to sell the

property. I suggested to Mr. [redacted] that

he could go to the county and request a variance to get approval for the close proximity

of the well with the neighbor’s septic system so it would be legal.

Mr. [redacted] came to my office on July 21, 2015 and was upset because

he thought I should bear some of the responsibility for selecting a viable well

location and he wanted me to pay for ½ of his $800 charge for excavation. I

told Mr. [redacted] that his neighbor told me that he told Mr. [redacted] several times

and the excavator that the drill pad was only 40’ from his drain field. Mr. [redacted] said “when”. Mr. [redacted] told me

that I didn’t do my due diligence in selecting the well location. I told Mr.

[redacted] that it is not my responsibility to know the impediments of his

property. He told me he would see me in

court.

When I meet with a client to select a well location it is

the responsibility of the property owner to give me the pertinent information I

need to know concerning his property so I can choose a location that is in accordance

with the rules. I have no way of knowing

what the impediments are for a client’s property. And no

we cannot call a locator to locate a septic system. Septic systems are not constructed

with components that can be located. The

only person or persons who know the location of a septic system is the property

owner or possibly the septic installer.

I am a licensed professional with the state of Montana as a

Water Well Driller and Contractor and have been for the last 30+ years. In the

last 30+ years of being a professional in the water well business I have worked

with thousands of clients and drilled thousands of wells; this is the first

time in my career that I have had a client that willfully and blatantly

withheld pertinent information from me concerning their property. It does not

matter whether it was 10+ years ago that the neighbor informed Mr. [redacted] of

the location of his drain field or as of recently as indicated to me by Mr.

[redacted]’ neighbor, the fact still remains

that Mr. [redacted] knew the location of the neighbors drain field and did not pass

that information on to me. My belief is that Mr. [redacted] was looking to get a well drilled for free. Sincerely,[redacted]President/OwnerH & L Drilling, Inc.

Consumer

Response:

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received, your complaint will be closed Administratively Resolved]

Revdex.com,

I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.It is apparent that [redacted] of H & L Drilling takes no responsibility for his recommendation of a drilling site within 40' of an existing drain field for client. The facts of the matter:H & L Drilling was contacted for an "acceptable drilling site recommendation".