Disclaimer Notice / Limitation of Liability

Effective Date: November 2025

This Disclaimer Notice outlines the limitations of liability and responsibility for SDL Utility Locating, a division of Smart Digging LLC (“Company,” “we,” “our,” or “us”). By requesting, authorizing, or relying upon any service provided by the Company, you (“Client”) acknowledge and agree to the following terms and conditions.

 

1. Scope of Services

SDL Utility Locating provides private utility locating and subsurface detection services using electromagnetic, magnetic, and/or Ground Penetrating Radar (GPR) methods. Our services may include, without limitation:

  • Private utility locating (gas, electric, water, sewer, communication, and fiber lines)
  • Ground Penetrating Radar (GPR) scanning
  • Verification of public 811 markings (“Beyond 811 Verification”)
  • Cable fault detection (including secondary and low-voltage faults)
  • Mapping and reporting of locate results

All results are based on field conditions, equipment capabilities, and available access at the time of service. Locating results represent approximate positions of detected utilities and cannot guarantee complete accuracy or detectability of all subsurface features.

2. Limitations of Detection

Utility locating technologies detect conductive or otherwise traceable targets. Certain utilities or structures—such as plastic, clay, concrete, or non-conductive materials—may not be detectable. Soil composition, depth, moisture content, interference, or the presence of rebar or other obstacles may affect results. No warranty, expressed or implied, is provided as to the completeness or accuracy of locate results.

3. Client Responsibility

The Client remains solely responsible for all decisions to excavate, drill, or otherwise disturb the subsurface. SDL Utility Locating provides data and markings for informational and precautionary purposes only. Clients are encouraged to expose utilities by hand (“potholing”) prior to excavation. The Company assumes no responsibility for project delays, damages, or costs resulting from Client reliance on locate markings or data.

4. No Engineering, Surveying, or Geophysical Services

SDL Utility Locating is not a licensed engineering, land surveying, or geophysical firm. We do not perform engineering design, soil analysis, or geological interpretation. Our work consists solely of data acquisition and marking observable responses from detection instruments. Clients requiring certified engineering, geological, or surveying services must engage qualified professionals.

5. Limitation of Liability

To the fullest extent permitted by law, SDL Utility Locating, its owners, employees, and subcontractors shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from or related to the use or interpretation of its locating results, including but not limited to property damage, utility strikes, loss of profits, project delays, or injuries. In no event shall the Company’s total liability exceed the amount paid by the Client for the specific service rendered.

6. Indemnification

The Client agrees to defend, indemnify, and hold harmless SDL Utility Locating, Smart Digging LLC, and their affiliates, officers, and employees from any claims, damages, liabilities, or expenses (including reasonable attorney’s fees) arising from or related to the Client’s use or reliance on locating results, or failure to exercise due care before excavation or construction activities.

7. Governing Law and Jurisdiction

This Disclaimer shall be governed by and construed in accordance with the laws of the State of Illinois. Any disputes arising hereunder shall be subject to the exclusive jurisdiction of the courts located in Cook County, Illinois.

8. Contact Information

For questions or concerns regarding this Disclaimer Notice, please contact:

SDL Utility Locating
A division of Smart Digging LLC
Des Plaines, IL 60016
(312) 985-6106
[email protected]
https://sdlutilitylocating.com/