Digging can be one of the most dangerous parts of a fence contractor’s job — especially when buried utility lines are involved. Striking unmarked gas, electric, water, sewer, or telecom lines can cause serious injury, costly repairs, project delays, and legal liability.
California’s “Dig Alert/811 law” (California Government Code § 4216 et seq.) — often referred to as the Dig Safe Act — is the state’s one‑call excavation safety statute. It sets out who must do what before digging, and under recent revisions, how liability is assigned when underground lines are damaged.
The Call Before You Dig Law: Baseline Duties
Under California law, whether you’re installing a fence post, footing, or gate pier:
You Must Call 811 / Contact DigAlert Before Digging
Every excavator — that means the person or company doing the digging — must contact the regional notification center (either USA North or DigAlert in Southern California) at least two working days (excluding the date of notification) before excavation begins.
• You need to delineate (outline) the area you plan to dig with white paint, chalk, flour, or flags before you notify 811.
• Once you give the notification, utilities have until the legal start date/time (typically after two working days) to locate and field‑mark their underground utilities within that area before you dig.
This “call before you dig” requirement is mandatory — failing to comply can expose you to fines and liability for damage.
New (2025‑2026) Legal Revisions Impacting Liability
Lawmakers and regulators have updated California’s excavation law through:
✔ SB 778 (signed 2024; effective January 1, 2025) – which clarifies excavator and operator duties and expands how liability is assigned when underground facilities are damaged.
These updates aren’t minor housekeeping — they affect who is liable when utility lines are struck, and under what circumstances liability can shift.
Liability When Utility Lines Are Struck
Contractor/Excavator Liability (Government Code § 4216.5)
If a fence contractor:
• Fails to comply with the “call before you dig” requirements in § 4216.2 or related duties in § 4216.3 and § 4216.4, and then damages a subsurface installation, the excavator is liable to the utility operator for resulting damages, costs, and expenses that were proximately caused by that failure.
This means: if you hit an unmarked gas line, water line, or power conduit because you did not follow the caller notification and waiting rules, you are on the hook for the repair costs and related expenses.
This liability exists even if the line wasn’t physically marked yet, unless you strictly complied with all statutory requirements first — including the required notice, delineation, waiting period, and respecting the tolerance zone.
Operator (Utility) Liability When They Fail to Mark
Under the newer assignment of responsibility in § 4216.5:
• If a utility fails to be a member of the one‑call center, or fails to respond appropriately (e.g., does not field‑mark its known subsurface installations after proper notice), then that utility may forfeit its claim for damages against a properly compliant excavator for damage that was “proximately caused by the operator’s failure to comply.”
In simple terms: if you followed the law, called 811 in time, and the utility still failed to locate and mark its lines, the utility can be held responsible to the extent the damage was caused by their failure, not yours.
Inaccurate Markings and Liability Shifts
SB 778’s amendments include a provision saying that:
• If you hit a utility because an operator’s field markings were inaccurate, and you otherwise complied with the statute and all Dig Alert requirements, you may not be liable for damages to that subsurface installation.
That’s a major shift: if you did everything the law required — including ticketing, waiting the required time, checking electronic positive responses from utilities, and respecting marked tolerance zones — but a utility’s markings were wrong, the law says you should not be liable for the damage in that scenario.
This mirrors similar protections under earlier amendments (such as AB 930 in prior years) that gave contractors defenses when strikes were caused by inaccurate marks rather than contractor negligence.
What This Means in the Field
Before You Break Ground
- Always delineate the work area — white outline around digging area.
- Call 811 or use DigAlert/USA North and wait at least two working days (excluding notification date) before digging.
- Check for “electronic positive responses” (EPRs) from utilities confirming their obligations.
- Respect the tolerance zone — hand expose utilities within 24″ of marked lines before using power tools.
If You Hit a Line
• Stop work immediately.
• Call 911 if there’s danger (e.g., gas leak or fire).
• Notify the operator immediately.
• Report damage to the regional notification center within 48 hours.
Failing to take these steps can jeopardize defenses available under the law and increase your liability.
Civil Penalties for Non‑Compliance
Even if no damage occurs, failure to follow the Dig Alert requirements can lead to significant fines:
• Up to $10,000 for negligent violations.
• Up to $50,000 for knowing and willful violations.
• Up to $100,000 if the violation results in damage to a gas or hazardous liquid pipeline with escape of gas or liquid.
These penalties are separate from any repair costs or third‑party claims.
Key Takeaways for Fence Contractors in 2026
Calling 811 Isn’t Optional — It’s Law
You must contact DigAlert/811 before any digging project, even for shallow post holes.
Liability Hinges on Compliance
If you properly follow the one‑call process, document your ticket and EPRs, and respect marks and tolerance zones, the law gives you significant legal defenses if utilities are damaged because of inaccurate or incomplete markings.
Failing to Comply Leaves You Liable
Skipping the call, digging before the legal start date, ignoring the tolerance zone, or failing to report damage promptly can make you fully liable for repair costs and penalties.
Documentation Is Your Friend
Keep your 811 ticket, EPRs, marking photos, and correspondence — you may need them to show compliance if liability is contested.
Final Word
California’s excavation liability laws continue to evolve, but the core principle hasn’t changed: call 811 — every time, every job — and wait for utilities to fulfill their obligations before digging. Following the law not only helps protect your crew and clients, it also protects your business from costly liabilities and fines.