Excavators and Drillers Have Rights Too!

Clay Barnett • November 6, 2018

Know your rights with the new Colorado 811 legistlation

I have represented excavators and directional boring companies in a wide variety of cases for over a decade. From missed locates, damages, injuries, delays and everything in between. In fact, my first jury trial involved a water line break where the locator failed to mark the water line, but still sued my client (the excavator) for the damage (we won by the way!).

One of the common themes present in these cases is the blame-shifting from locators to excavators, regardless of the facts. Unfortunately, it has worked! Many drillers and excavators who strike lines (despite the marks being wrong – or even non-existent) simply pay for the repair or make the repair themselves. This costs the excavators a lot of money in repair costs and downtime.

What’s worse than the sunk cost for these repairs and downtime? The complete and total lack of accountability on the part of the locators. Some locators are great. They work hard and take pride in their job. Unfortunately, that is not the case across the industry. In some many cases, missed markings, late markings or total failures to mark typically come with absolutely no consequence to the locators. If excavators and drillers don’t act and hold locators accountable nothing will change. Locators will continue with their delays, they will still fail to mark lines and will not take the time required to properly mark their lines.

What can you do as an excavator to help change the industry?

-Locate, Locate, Locate. Make sure your locates are timely and accurate!

-Protect yourself and your claim. Take photographs of your dig area before and after your job (and keep them for at least two years)

-Get informed. Attend the One-call legislative meetings ( http://colorado811.org/one-call-legislation/ )

While the new One-Call Legislation includes a lot of changes that just went into effect, excavators and directional boring companies still have rights. But if you don’t know your rights – how are you going to exercise them?

As an experienced excavation and construction attorney, I can help you navigate your rights when locators cause excessive delays, mismark (of fail to mark) underground facilities.

Clay Barnett is the owner of Barnett Law, a local law firm that focuses on licensing, construction, real estate and employment law. Clay has years of experience handling excavation issues, including damages, delays and injuries.

Colorado Liquor Licensing - Frequently Asked Questions

By Clay Barnett • November 7, 2018
How old must you be to serve alcohol in Colorado? - 3.2% Beer License – 18 years old if the person is employed by a 3.2% beer licensed establishment. - On-Premises License: 18 years old if supervised by someone over 21. HOWEVER, in locations that hold a Tavern License you must be 21 years old to serve or sell alcohol. - Off-Premises License – 21 years old. Can I bring beer or wine into a restaurant in Colorado? - No. While there are some states where “BYOB” is permitted, Colorado is not one of them. What hours can liquor be sold? - 3.2% Beer License: 8:00 AM until midnight, 365 days/year - On-Premises Liquor Licenses: 7:00 AM until 2:00 AM, 365 days/year - Off-Premises Liquor Licenses : 8:00 AM until Midnight, every day except Christmas day Do salons or barbershops need a liquor license to serve alcohol? - Yes. No one in Colorado can sell or serve alcohol in a public place without a license. Are you required to serve food if you sell alcohol? - Yes, but food requirements vary depending on the type of licenses you hold. Who needs to have a background check when applying for a liquor license? - Anyone owning 10% or more of the business applying for the license. How long does it take to get a liquor license in Colorado? - Colorado utilizes at wo-tier process when reviewing applications. That is, the application must be approved by both the State and local authority. (See Colorado Liquor Licensing Process - https://www.barnettlaw-co.com/colorado-liquor-licensing-process ). As a result, many licenses can take three to four months to secure.

Colorado Liquor Licensing Process 

By Clay Barnett • November 6, 2018
Over the next few months I will be submitting short articles about liquor licensing in Colorado. This first post gives some insight into the liquor licensing procedure. Please note that this post is a simplified narrative of the liquor license process, written to provide a general understanding of the process so that you, the reader, can anticipate what is coming when you submit your application. The application process requires many other smaller steps to get through the process, many of which will be included in subsequent posts. First and foremost, Colorado uses a dual licensing process. What that means is that your application must be approved at the local government level and the state. Within the dual licensing process, Colorado law requires a showing of the suitability of the applicant as well as the needs and desires of the neighborhood in which the license is being sought. Suitability When it comes to the suitability of the applicant, the state and local governments will require information on everyone owning at least 10% of the business under which the license will be held. This review includes criminal history, liquor license violation history, ownership interests in other liquor-industry businesses as well as tax payment history among other things. To satisfy this requirement you will be required to submit documentation along with your application such as: tax licenses (city and state), evidence of possession (deed/lease, etc.), individual history forms and fingerprint cards for all people with 10% or greater ownership in the business. Needs and Desires Assuming you can show that your business (and its owners) succeed in demonstrating suitability, the focus of the application shifts towards the needs and desires of the neighborhood in which the licensed premises will be located. Ever seen those large notices in the window of an upcoming restaurant, bar or liquor store? Those signs are to give notice to the neighborhood that they have a say in whether your application is granted. How is this done? Through a public hearing. Once a hearing is scheduled, you are required to post your notice in a conspicuous place for at least 20 consecutive days. During that time, inspectors will randomly drive by to ensure that the posting is proper (and you will be required to provide an affidavit attesting to the same at the time of the hearing). During the actual hearing, you are provided an opportunity to show that there is a need and desire for this license in the neighborhood. This typically involves testimony from the applicant as well as others (residents or business managers) demonstrating why you believe the neighborhood will benefit from the license. In some situations, applicants will utilize petitioning companies (which must be turned in to the licensing authority in advance of the hearing). Once the hearing is complete – and depending on the jurisdiction – you may have a final vote on whether the license should be issued or, if your application is heard by a Hearing Officer, you will be provided with the Hearing Officer’s Recommended Decision (typically within 5 days after the hearing). In those jurisdictions that use Hearing Officers, after the Recommended Decision is delivered, a Final Decision will be issued, typically be the Director of the Department. While a final vote or Final Decision will determine whether the license can be issued by the local governmental authority, the process is not quite complete. As mentioned above, the State of Colorado must also approve the license. Furthermore, if you are not granted a license, you will have the opportunity to appeal the decision (although such appeals are costly and are rarely granted). If you are granted a license, you still must follow certain procedures (including inspections) before the license itself is granted. The post-hearing process will be addressed in a later article. Clay Barnett is the owner of Barnett Law, a local law firm that focuses on licensing, construction, real estate and employment law. Clay has years of experience handling licensing issues, including applications for new licenses, transferring licenses and defending clients in criminal and administrative hearings after receiving license violations, tickets and Orders to Show Cause.