Defendants claim damage to church was ‘act of God’ [The Floyd County Times, Prestonburg, Ky.]
By Jack Latta, The Floyd County Times, Prestonburg, Ky. | |
McClatchy-Tribune Information Services |
According to the suit filed this week in
"BPI failed to construct the tower in a complete and workmanlike manner, performed faulty workmanship, and did not use methods and documentation practices tht conformed with prevailing stndards of accuracy, competence, completeness in the construction of the tower at the Big Branch site."
The plaintiffs also contend that BPI failed to apply gravel to the specification, or depth called for in the plans, failed to remove to clear the soil aroudn the tower compound of rocks and trees, bushes and shrugs, and failed to properly monitor moisture content of the soil.
They also contend that the access road to the site began to fail within a year of completion of the tower, and as a result the
The lawsuit claims that BPI breached its contract with ATC by refusing to indemnify ATC for the damages caused to
"The damages suffered to
They contend that when asked by ATC to repair the damage to
According to the lawsuit, ATC compensated
ATC is seeking an amount in excess of
The attorney's for ATC say that the problems caused by BPI's breaches of contract with regard to the Big Branch site has had a negative impact on ATC's relationship with it's customers.
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(c)2012 The Floyd County Times (Prestonsburg, Ky.)
Visit The Floyd County Times (Prestonsburg, Ky.) at www.floydcountytimes.com
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