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PENNSYLVANIA RECORD

Thursday, October 31, 2024

Verizon (telecommunications provider) sues Nieder Contracting (construction company) for Property Damage

State Court
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Maryclaire Akers, Thirteenth Judicial Circuit Judge | https://www.courtswv.gov

Verizon Pennsylvania, LLC has taken legal action against a construction company, alleging significant property damage to its underground telecommunications infrastructure. The complaint was filed by Verizon Pennsylvania, LLC in the Court of Common Pleas of Allegheny County, Pennsylvania on October 9, 2024, targeting Nieder Contracting, LLC as the defendant.

The lawsuit arises from an incident on November 4, 2022, when Nieder Contracting allegedly damaged Verizon's underground facilities during excavation work at Crafton Avenue in Crafton, Pennsylvania. According to the complaint, Verizon claims that Nieder failed to follow proper procedures for identifying and protecting underground utilities before beginning their work. Specifically, the construction company is accused of not contacting Pennsylvania One Call System adequately to ascertain the precise location of Verizon’s cables and conduits prior to excavation. This oversight reportedly led to extensive damage including severed fiber optic cables and copper lines.

Verizon asserts that it had marked its facilities clearly after receiving an emergency locate ticket from Pennsylvania One Call on October 28, 2022. Despite this warning and direct communication from Verizon technicians advising caution around their infrastructure, Nieder proceeded with excavation operations that resulted in striking and damaging critical telecommunications equipment. The repair costs incurred by Verizon due to this incident amounted to $169,667.01.

In their legal filing, Verizon accuses Nieder Contracting of negligence and trespass. The negligence claim includes allegations such as failing to exercise reasonable care during excavation activities and not adhering to statutory requirements for notifying utility companies about planned digs. Additionally, Verizon charges that Nieder's actions constituted trespass as they intentionally operated machinery over private property without authorization or right.

As a result of these alleged infractions, Verizon seeks compensatory damages totaling $169,667.01 along with coverage for court costs and attorney fees. They request judgment against Nieder Contracting for both negligence leading to property damage and unauthorized interference with their facilities.

Representing Verizon in this case is Andrew L. Salvatore from the Law Offices of Andrew L. Salvatore based in Philadelphia. The case will be presided over by judges at the Allegheny County Court of Common Pleas under Case ID: AR02000123

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