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Old 11 May 2019, 10:54 PM   #1
explodingtaco
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Cable Co. Tore up my Yard.

Im in the US. State of KY.

So on a nasty rainy day they pulled tractors into my yard last November and dug a ditch in my yard and tracked their large tractors across my yard. Now when it rains (its raining ALOT) my yard fills up with water and it is even getting into my garage. Now it is a lumpy swamp land that I cannot even cut the grass in.

There is an easement in my neighbors property but they decided not to go through that for some reason and just dug up my yard with no permission.

They have been out a time or two (or the contractor has) and have said they "will fix it" but they proposed things to fix it that the one landscaper and other engineer said would just make it worse.

Now they have gone cold in communication. It is about 3000 square feet. Two landscapers have quoted $2k to regrade and $2-3k for Sod. That is higher than our stupid states limitation for small claims court.

Ive never had to sue anyone before. Does RF have any "internet" legal advice to give me?

Honestly I just want to hire someone to take care of this for me and get the stupid cable co to pay for their services once they loose. And I cannot imagine a case in which they will win. For heavens sake it is only $5K!!
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Old 11 May 2019, 10:57 PM   #2
bobernet
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Sue them up to small claims limit and eat the rest. Or, hire an attorney and sue them for full value including legal fees.

In either case, I’d get multiple quotes then have the work done by someone at a reasonable price. Don’t wait for the lawsuit outcome to get your yard fixed. Don’t let it steal your joy.
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Old 11 May 2019, 11:34 PM   #3
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Hire a friend who is a lawyer, they'll settle. Another option, call local TV news and have them do a expose about your situation. Keep emotion OUT, state facts and let local news name and shame.
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Old 11 May 2019, 11:48 PM   #4
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Have been in the utility business for 32 years and settling claims just like yours for 18 years, here’s my advice. See if they will allow you to get your own contractors to level, reseed/sod or whatever it takes to make it right..

When we, as the utility, made the repair, as the saying goes, “we own it”. For example, if we had our contractor lay sod and the homeowner didn’t water it enough, we’d get a call saying the grass was dead and it was because the sod we put down was no good. So now we go back and try it again.

We would jump at the chance to have the homeowner have their own contractors do the work. Once we wrote the check, we were finished. Any problems afterwards wasn’t ours. The homeowner had to then deal with their contractors and not us.

It does mean more work for you, but then you get more control over the work and the utility, except for writing the check, is now out of it. It’s a win-win for all involved.

Just give the utility a call and see if they’ll agree and what are their terms. You may need to get multiple estimates. If the amount is small enough, I’d just write the check and be done with it. Hope this helps, and good luck.

I just wanted to add that in my company, 5k was a drop in the bucket. You are still our customer and you are the reason we exist.
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Old 12 May 2019, 06:48 AM   #5
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I had the exact same issue from the local power company.

Get three written quotes from licensed contractors and follow Rich's advice. Get the check, hire the contractor, and have it done to your satisfaction. They will be happy to walk away. You will be happy to have your yard back in shape.
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Old 12 May 2019, 10:19 AM   #6
ratlover
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Look into if there is a Kentucky commerce commission or other govt agency that oversees the local cable company. Complain to them or tell the cable company that you will be taking it to them. In IL at least on the utility side the IL commerce commission will get the local utility motivated to do something quick fast and in a hurry
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Old 13 May 2019, 08:14 PM   #7
explodingtaco
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Quote:
Originally Posted by bobernet View Post

In either case, I’d get multiple quotes then have the work done by someone at a reasonable price. Don’t wait for the lawsuit outcome to get your yard fixed. Don’t let it steal your joy.
I am going to take that advice. Ive been stressing . . . No sense in that!
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Old 14 May 2019, 07:39 AM   #8
Dr.Brian
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Good call. You don’t want to end up with water in the basement, etc. Get some quotes, fix it yourself, then try to get reimbursement one way or the other. Should be an easy suit if they have no easement and didn’t need to access your yard.
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Old 14 May 2019, 07:55 AM   #9
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Make certain to make LOTS of photos if you haven't already done that.
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Old 14 May 2019, 08:25 AM   #10
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I'm sorry to hear about this. I hope you're able to get it taken care of ASAP to prevent anything further such as potential water damage.
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