The damage clause: the customer holds the company harmless for yards, pipes, cables and lines
Clause 13 of 13 from my signed L&G Building & Concrete contract, with what it meant on my project and how I would rewrite it.
What it says
Company statement: contract ODR-001094, signed February 20, 2026
“Customer agrees to indemnify and hold harmless L&G Building and Concrete LLC for any damage done to yards, pets, submerged lines, pipes, cables, or any other utility instrumentalities during construction.”Terms and Agreement, page 2
The customer is responsible for marking underground lines (811 will do it free). Read this one twice if you have plumbing stubbed up through the slab area.
What happened on my project
My project record
The terms have the customer agree to indemnify and hold harmless L&G for any damage done to yards, pets, submerged lines, pipes, cables or other utilities during construction, and make the customer responsible for marking underground lines.
My plumbing stub-ups were standing straight in the pre-pour photo. During the September install they ended up leaning, scuffed and gouged, with equipment tire marks on the slab around them. I contend the damage happened during L&G’s installation work; the photos cannot show who was at the controls. Under this clause, the company’s position is that the damage is mine regardless.
How I would rewrite it
- Limit the clause to unmarked underground utilities. Above-slab plumbing that the crew can see is the crew’s responsibility.
- Require the installer’s general liability insurance to be named on a certificate before work starts, so there is a policy behind any damage claim.
- Add a pre-construction walkthrough with photos signed by both parties, so “before” is documented.
The question to ask before signing: “If your crew damages something above ground that is plainly visible, is that covered by this clause too?”
My reading as a customer, not legal advice. A North Carolina construction attorney can tell you what the clause means for your contract.