Q: AT&T through a contractor, damaged our property. Can I ask for compensation for negligence/inconvenience/delay in payme?
A contractor layed cable for ATT underground in our neighborhood. They bored a hole and placed their cable through my sewer. We had a very difficult time getting to the damaged area so the cost exceeded our expectations. Now the contractor is delaying payment for actual damages. Also, they are saying that if there is a disagreement, we will have to use ATT's arbitration procedures. I want to tack on more damages if allowable.
A: This sounds like a property damage case, why would there be arbitration? You are not suing ATT over services you contracted for them to provide? You are suing as a property owner for damages incurred by their negligence. This case arises under REAL PROPERTY DAMAGE/TRESSPASS law. You need to discuss with an attorney in your jurisdiction that specializes in this kind of law. Thank you for using Justia, Ask a Lawyer.
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