[WSBARP] PUD Standard Tort Claim Form

[Jeff at bellanddavispllc.com]

Listmates:

 

Client negotiated an easement, over his property, with the local PUD.  As
consideration for entering into the easement, client wanted language that
required the PUD to restore his driveway if damaged, and if they did not
within a certain amount of time, that client could do the work and then bill
the PUD, which is then required to pay within a certain amount of time.  PUD
agreed to the repair language, but then redlined the language for client to
do the work and then bill.  Instead, PUD wants client to submit a Tort Claim
form saying this is required under RCW 4.96.020.  However, RCW 4.96 deals
with tort damages; failure to repair the driveway would be a breach of
contract claim. 

 

Have any of you dealt with this.

 

Jeff Davis

 

W. Jeff Davis

BELL & DAVIS PLLC
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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