<?xml version='1.0' encoding='utf-8'?>
<section article="gpu" article_name="Public Utilities" number="12-120" title_number="12" title_name="Underground Facilities" subtitle_number="1" subtitle_name="Excavation or Demolition Near Underground Facilities">
  <level label="a">
    <text>Except as provided in subsections (b) and (c) of this section, a person that obtains the information required under this subtitle is not excused from:</text>
    <level label="1">
      <text>performing an excavation or demolition in a careful and prudent manner; and</text>
    </level>
    <level label="2">
      <text>liability for financial damages or injury that results from the excavation or demolition.</text>
    </level>
  </level>
  <level label="b">
    <text>If an underground facility is damaged by a person that fails to comply with this subtitle, the person is deemed negligent and is liable to the owner for the total cost of repair of the underground facility, unless the owner has failed to become an owner–member in accordance with § 12–123 of this subtitle.</text>
  </level>
  <level label="c">
    <text>If an underground facility is damaged by a person that is in compliance with this subtitle and the owner has failed to become an owner–member in accordance with § 12–123 of this subtitle:</text>
    <level label="1">
      <text>the person is not liable to the owner for the cost of repair of the underground facility; and</text>
    </level>
    <level label="2">
      <text>the owner is liable for any repairs or restoration of property damaged by the excavation or demolition.</text>
    </level>
  </level>
  <level label="d">
    <text>Subsection (c) of this section may not be construed to interfere with the right of:</text>
    <level label="1">
      <text>a third party to recover financial damages arising out of the excavation or demolition from the person or from the owner; or</text>
    </level>
    <level label="2">
      <text>the person to seek contribution from an owner for financial damages sought by a third party under paragraph (1) of this subsection.</text>
    </level>
  </level>
</section>
