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Jellico Electric & Water Services responds to contractor’s lawsuits

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By Beth Braden

JELLICO—Jellico Electric & Water System is willing to pay the more than $80,000 Cozy Excavation and Contracting, LLC. says it is owed, but the utility wants to give it to a judge to divvy it out.
In a response filed in Campbell County Chancery Court, the utility says Cozy Excavation “left three unresolved liability claims against it,” and that the claims should be resolved before Cozy sees any of the money it claims it is owed.
The utility ultimately asked that the suit against it be dropped and went on to counter sue the excavating company.
The three liability claims against Cozy come from Keith Rowe, Helen Douglas and Stan Marlow. Each person claims his or her property was damaged by Cozy during the Old City Tank Rehabilitation Project in 2011. The individuals named Cozy and the utility as the parties responsible for the damages.
Jellico Electric and Water admits it has the final $84,555.05 payment due to Cozy, but it says Cozy received money from Cincinnati Insurance Company, the bonding company.
CIC claims it is entitled to the money.
The utility maintained if CIC is now entitled to the money, it is also liable for Rowe’s, Douglas’s and Marlow’s claims.
The trio makes the following claims, as detailed in documents filed in court. Claims represent just one side of a lawsuit.

Stan Marlow
Cozy was supposed to come and get fill dirt from Marlow at no cost if Cozy would then dig a ditch through and around the perimeter of his property. The ditches were to be lined with rip rock.
Cozy also reportedly agreed to level the property, apply top soil, seed the lot and put a couple loads of pea gravel.
Banks were supposed to be sloped; instead they were allegedly left “like steep cliffs.”
“When Cozy Excavating hauled the last load, they never returned to fix what they had agreed to do in exchange for the dirt,” Marlow claimed.
B&A Construction Company, doing business as Adkins Demolition, quoted him $9,475 to repair the property.

Helen Douglas
Details of the exact damages at her property were not clear, but a quote she submitted to the town of Jellico to fix her damage include repairing her carport wall, rebar for the carport wall, laying block, repairing pipe, fixing the porch, repairing the basement door and repairing the home’s foundation. She claims her home needs $42,247.60 worth of work to repair damage sustained.

Keith Rowe
Rowe said Cozy employees came onto his property without any advance notice and destroyed property markers as they carved out a 100–foot wide by 350-foot wide road. The company also dug a drainage ditch. Rowe estimated it would cost $2,500 to repair his property.
The utility asked to be released from all liability and for the court to receive the money and divide it among Cozy and the three complainants.