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Commission approves dismissal in rural water damage case; county not paying damages, contractor to pay
Summary
Following a rural water line damage dispute, commissioners authorized a stipulation dismissing the suit with prejudice under terms that require the contractor to pay; county will not pay damages but will waive pursuit of attorney fees from the contractor.
Osage County commissioners approved a stipulation for dismissal with prejudice in a rural water-line damage case and accepted county legal staff’s recommendation to settle, the board said at its June 3 meeting.
County counsel reported that rural water had sought recovery after a contractor working for the county damaged a rural water line. Following negotiations, county attorneys recommended agreeing to a dismissal under which the contractor will pay and Osage County will not be responsible for monetary damages. As part of the settlement the county will waive the right to seek attorney fees from the contractor, a county attorney said; staff noted the indemnification language in the county’s contract with the contractor was vague and that seeking fees would likely require further litigation.
Commissioners moved to approve the stipulation and authorize the chair to sign the dismissal paperwork. County officials said the outcome leaves responsibility for the damages with the contractor and avoids additional litigation costs to try to recover attorney fees.
Why it matters: The motion resolves a pending claim related to damage to a rural water line without county payment of damages, but the county waived potential claims for attorney fees against the contractor because of ambiguous indemnification language in the contract.
Next steps: County staff will execute the agreed dismissal documents and proceed to close the file.
