Dec. 5, 2008
Construction Company Sued for January 2008 Downtown Water Line Breakage
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) -- A broken 24-inch concrete pipe which disrupted water service to about 30,000 customers on or about January 22, 2008 has prompted a law suit in federal court. The breakage which shut down schools, businesses and limited service at Huntington restaurants occurred in the 1200 block of Sixth Avenue and led to a second line rupturing January 23, 2008 in the 2200 block of Fifth Avenue.
The federal complaint names Nichols Construction as the defendant.
“While performing excavation work relative to the installation of telecommunications conduit in the vicinity of 12th Street and Sixth Avenue [Nichols Construction] dug into and ruptured WVAWC’s twenty-four inch water main line in said vicinity , causing WVAWC to incur damages for which it seeks a recovery. Damages include but are not limited to main line repair costs totaling more than $100,000, repair costs to adjacent line damaged by increased pressure following the shut-down of the main line, purchase of replacement water for customers who lost potable water service, damages related to business interruption and loss of water revenues, annoyance, aggravation, inconvenience and other consequential and related damages.”
The water interruption -- which shut Cabell County Schools for two days and prompted boil water advisories -- allegedly occurred when Nichols “negligently operating its directional boring device” penetrated the 24” water main.
WVAWC alleges that Nichols provided a notice of intent to do the work January 9, 2008 by providing a filing that the excavation depth would be 36 inches. “Site begins at the above inter[section of 12th Street and 6th Avenue] and extends 187 ft. east on left side of road and from there extend[sic] south 80 feet. Mark everything within white painted area to include the entire intersection.”
However, the complaint alleges negligence on the part of the excavator by failing to adequately describe the work area “so as to identify WVAWC utility lines intersecting and coming within two feet of defendant’s marked work” in compliance with the West Virginia Underground Facilities Preservation Act.
The water disruption prompted a boil water advisory for affected West Virginia Water customers in Huntington, Altizer, Barboursville, Ceredo, Green Valley, Guyan Estates, Guyandotte, Indian Meadows, Lesage, Monel Park, Ohio River, Pea Ridge, Spring Valley, Lavalette and Westmoreland, as well as customers in Burlington and Chesapeake, Ohio.
On January 24, 2008, WVAW President Wayne Morgan stated “our crews worked around the clock to make sure Huntington area customers had their service restored. The Huntington Fire Department was instrumental in providing drinking water to our customers, as well as Mayor David Felinton , who handed out water himself.”
The South Point Wal-Mart donated $500 worth of water as did 7-Up.
At the time of the leak, HNN reported that “the water is just too high for people to drive through” on Fifth Avenue and 22nd Street.
Jessica Greathouse, a spokeswoman for the company, told HNN January 23, 2008, that winter pipe breakages are not unusual due to aging infrastructure. The company loses about 33% of the water they pump, Greathouse said.
Other causes for water loss that American Water cannot charge to a customer, and is part of the reason they're asking for the rate increase. "Unaccounted for water can also be fire protection; when somebody goes to put out a fire from a fire hydrant, that hydrant isn't metered, because that would slow down the water pressure." She also blamed "customers who would rather bypass the meter rather than pay for it, and tap into our lines straight to their home, where they're using our water but not paying for it." She says that's ''pretty common.''
Click here for the original story: http://www.huntingtonnews.net/local/080123-seaton-localwateranothermainbreak.html
To download a pdf copy of the suit, click here.
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Construction Company Sued for January 2008 Downtown Water Line Breakage
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) -- A broken 24-inch concrete pipe which disrupted water service to about 30,000 customers on or about January 22, 2008 has prompted a law suit in federal court. The breakage which shut down schools, businesses and limited service at Huntington restaurants occurred in the 1200 block of Sixth Avenue and led to a second line rupturing January 23, 2008 in the 2200 block of Fifth Avenue.
The federal complaint names Nichols Construction as the defendant.
“While performing excavation work relative to the installation of telecommunications conduit in the vicinity of 12th Street and Sixth Avenue [Nichols Construction] dug into and ruptured WVAWC’s twenty-four inch water main line in said vicinity , causing WVAWC to incur damages for which it seeks a recovery. Damages include but are not limited to main line repair costs totaling more than $100,000, repair costs to adjacent line damaged by increased pressure following the shut-down of the main line, purchase of replacement water for customers who lost potable water service, damages related to business interruption and loss of water revenues, annoyance, aggravation, inconvenience and other consequential and related damages.”
The water interruption -- which shut Cabell County Schools for two days and prompted boil water advisories -- allegedly occurred when Nichols “negligently operating its directional boring device” penetrated the 24” water main.
WVAWC alleges that Nichols provided a notice of intent to do the work January 9, 2008 by providing a filing that the excavation depth would be 36 inches. “Site begins at the above inter[section of 12th Street and 6th Avenue] and extends 187 ft. east on left side of road and from there extend[sic] south 80 feet. Mark everything within white painted area to include the entire intersection.”
However, the complaint alleges negligence on the part of the excavator by failing to adequately describe the work area “so as to identify WVAWC utility lines intersecting and coming within two feet of defendant’s marked work” in compliance with the West Virginia Underground Facilities Preservation Act.
The water disruption prompted a boil water advisory for affected West Virginia Water customers in Huntington, Altizer, Barboursville, Ceredo, Green Valley, Guyan Estates, Guyandotte, Indian Meadows, Lesage, Monel Park, Ohio River, Pea Ridge, Spring Valley, Lavalette and Westmoreland, as well as customers in Burlington and Chesapeake, Ohio.
On January 24, 2008, WVAW President Wayne Morgan stated “our crews worked around the clock to make sure Huntington area customers had their service restored. The Huntington Fire Department was instrumental in providing drinking water to our customers, as well as Mayor David Felinton , who handed out water himself.”
The South Point Wal-Mart donated $500 worth of water as did 7-Up.
At the time of the leak, HNN reported that “the water is just too high for people to drive through” on Fifth Avenue and 22nd Street.
Jessica Greathouse, a spokeswoman for the company, told HNN January 23, 2008, that winter pipe breakages are not unusual due to aging infrastructure. The company loses about 33% of the water they pump, Greathouse said.
Other causes for water loss that American Water cannot charge to a customer, and is part of the reason they're asking for the rate increase. "Unaccounted for water can also be fire protection; when somebody goes to put out a fire from a fire hydrant, that hydrant isn't metered, because that would slow down the water pressure." She also blamed "customers who would rather bypass the meter rather than pay for it, and tap into our lines straight to their home, where they're using our water but not paying for it." She says that's ''pretty common.''
Click here for the original story: http://www.huntingtonnews.net/local/080123-seaton-localwateranothermainbreak.html
To download a pdf copy of the suit, click here.
Share This Story:
Make HNN Your Homepage (IE Users Only)
