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Sub's Attempt To Delegate Its Statutory Obligations Rejected

Saturday, April 04, 2009 05:21 pm

Sub's Attempt To Delegate Its Statutory Obligations Rejected REJECTED ExcavationStatutory Compliance Double M Construction, Inc. v. State Corporation Commission Supreme Court of Kansas 2009 Kan.LEXIS 24(February 6, 2009)

The Kansas Supreme Court upheld a $25,000 penalty assessment against a subcontractor that ruptured a natural gas line while excavating around utilities.The court rejected the subcontractor's argument that the contractor was the responsible party and ruled that the subcontractor had an obligation to know and comply with the applicable regulatory statute.

In September 2006, Double M Construction, Inc. (Double M), an Oklahoma corporation, subcontracted with Double J Pipeline, LLC (Double J)to provide excavation services on a project in Kansas.Under the terms of their contract, Double M was not responsible for damage to any existing underground utility lines that were not located and uncovered prior to trenching.

The Kansas Underground Utility Damage Prevention Act(the Act)governs the procedures for excavating in the vicinity of underground natural gas pipelines.The Act requires excavators to provide advance notice of their intent to excavate.To facilitate c [...]

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