§ 39-2-15. Interference with construction — Notice.
(a) No utility shall interfere with, or delay the progress of work under any contract
with the state department, agency, division, or board, for the construction, reconstruction,
or improvements of any highway, street, road, railroad grade crossing, bridge, tunnel,
underpass, overpass, or other state contract work, by failing to remove or relocate
its poles, wires, cables, conduits, pipes, or any other facilities or structures within
the time schedule therefor by an agreement or under the terms of an agreement between
the department, agency, division, or board and the utility, or, if no time is fixed
by an agreement or under the terms of such an agreement, within the time fixed by
the department, agency, division, or board, by notice served upon the utility by the
state department, agency, division, or board.
(b) If the notice is utilized, it shall describe the public improvement and the geographical
location thereof, the date of commencement, and the date of completion, if any, provided
for by the contract; the contractor's name and address; the manner in which and the
extent to which the facilities and structures of the utility obstruct or prevent the
contractor from progressing or performing the work comprehended by the contract; and
shall fix the date or time within which the utility is required to remove or relocate
its facilities or structures, specifying the same, in order to provide the contractor
with the site when required by the contractor for progressing or performing the work
pursuant to the state contract. The notice shall be in writing and shall be served
upon the utility either personally or by certified mail at its principal office or
place of business in the county where the work under the contract is to be performed,
or, if there is no principal office or place of business in the county, at the nearest
principal office or place of business of the utility, outside of the county.
(c) In the event the utility to whom the notice described in subsection (b) was directed
is, for any reason, unable, within the prescribed period, to remove or relocate the
facilities or structures specified in the notice, the utility shall immediately advise
the department, agency, division, or board and the contractor, in writing, of the
inability, and in the same communication so advise the department, agency, division,
or board, and the contractor of the approximate date that the removal or relocation
of facilities or structures could be effected; and shall further state the basis for
the inability of the utility to remove or relocate the facilities or structures within
the time specified by the notice served thereon by the department, agency, division,
or board. The department, agency, division, or board, after examining and considering
the utility's basis for establishing a different schedule for the removal or relocation,
shall, if its basis is reasonable, establish and notify the utility of a revised schedule
for completing the removal or relocation.
(d) In cases where the utility has been reimbursed for removal, relocation, replacement,
or reconstruction, a utility failing to complete the removal or relocation of the
structures or facilities within a period of thirty (30) days beyond the time fixed
therefor by the latest time schedule established in accordance with this section,
shall be liable and responsible to any contractor for any damages, direct or consequential,
sustained by any contractor as the result thereof, in an action to be brought by the
contractor against the utility in a court of competent jurisdiction within three (3)
years from the time fixed for the removal or relocation of the structures or facilities.
If an action is commenced against a utility, as heretofore provided, the utility may
interpose in its answer in the action any defense available under the provisions of
the civil practice law and rules. The unreasonableness of the time schedule imposed
by the state department, agency, division, or board shall be an absolute defense by
the utility to any action by the contractor. If, in any action, the utility is found
to owe nothing to the contractor, or if an offer of settlement is made by the utility
that is not accepted by the contractor, and the resulting verdict against the utility
is less than the offer of settlement, then in either event, the total cost of the
utility of litigation, including reasonable attorney's fees, shall be paid to the
utility by the contractor.