Global communications provider CenturyLink Communications filed a complaint on Saturday in the Southern District of Texas against Ervin Cable Construction and MacMa HDD for property damage. It alleges the defendants’ misconduct caused damage to CenturyLink’s underground fiber-optic cables in Houston, Texas.
CenturyLink provides telecommunication services through its fiber network, consisting of “underground fiber-optic telecommunications conduits and cables.” In August 2018, Verizon Wireless hired Ervin Cable to install its 5G network project, which included an installation at or near CenturyLink’s underground facility. Ervin Cable hired MacMa “to perform horizontal boring and trenching in furtherance of completing Verizon Wireless’ 5G network project.”
CenturyLink claimed its underground facility “was visibly and properly marked under the dig ticket.” However, while the defendants were knowledgeable about the approximate location of the underground facility, they did not take steps to confirm its location. CenturyLink claimed that, “[s]imply put, Defendants completely failed to take the necessary and proper precautions to locate and avoid CenturyLink’s underground facility before and during the excavation and boring services.” While the defendants were engaging in “directional drilling using mechanized equipment,” they “cut into CenturyLink’s Underground Facility.” Consequently, this damaged CenturyLink’s conduits and cables.
CenturyLink alleged that while the defendants were performing excavating and boring services, they violated the Texas Underground Facility Damage Prevention and Safety Act, as well as industry standards and practices. The defendants are also accused of negligence and gross negligence, which caused at least $100,000.00 in actual damages.
CenturyLink, represented by Bell Nunnally & Martin LLP, has sought declaratory judgment in its favor, an award for damages, an award for costs and fees, pre and post judgment interest, and other relief.