Subsurface installations: attorney's fees and costs.

Existing law requires every operator of a subsurface installation, except the Department of Transportation, to become a member of, participate in, and share in the costs of, a regional notification center. Existing law requires an excavator planning to conduct an excavation to delineate the area to be excavated before notifying the appropriate regional notification center of the planned excavation, as provided. Existing law requires an operator, before the legal excavation start date and time, to locate and field mark, within the area delineated for excavation, its subsurface installations. Existing law establishes a process for an excavator to request and obtain a continual excavation ticket for an area of continual excavation, as defined, that is valid for one year from the date of issuance and eligible for renewal. Existing law requires this process to include onsite meetings to develop a mutually agreed-upon plan. Existing law prescribes liability for failure to comply with these processes. This bill would require a court or arbitrator to award reasonable attorney's costs and fees, including expert witness fees, to an excavator if the court or arbitrator determines that the excavator is not liable for damages to a subsurface installation for reasons related to inaccurate field marking, as specified, or if the excavator makes an offer to settle the matter that is not accepted and the plaintiff fails to obtain a more favorable judgment or award. The bill would also make a technical change to correct an erroneous cross-reference within these provisions.