Construction project spawns lawsuit

Construction project spawns lawsuit

| Jul 13, 2020 | Uncategorized |

Residents of Hebron, Kentucky, living in close proximity to the Cincinnati/Northern Kentucky International Airport (CVG) and its ongoing $1.5 billion Amazon Air hub project filed suit against a general contractor they allege is responsible for damage to their homes. Earlier this summer, a number of homeowners banded together seeking relief for the damages to their homes located within a mile of the project.

The residents, who are seeking class-action status for their litigation, allege that earthwork activities and blasting have created hazards and resulting damage to their homes. The named defendant is general contractor Whiting-Turner Kokosing JV. The petition accuses the defendant of, among other things, causing:

  • Excessive dust from earthwork operations
  • Excessive noise from blasting and heavy equipment
  • Vibrations

Petitioners also allege that the general contractor did not “monitor and control” the subcontractors working on the massive project. This failure created the nuisance conditions and damages that have prevented the residents from being able to enjoy and use their homes. They also allege the project caused their homes’ values to decrease.

The general contractor also stands accused of acting “in a grossly negligent manner with reckless indifference for the rights of the surrounding property owners.” The plaintiffs also seek compensatory and punitive damages at the requested jury trial.

Construction is messy by design and almost all nearby construction projects will adversely impact those with homes and businesses located close to the project. While some minor annoyances are to be expected and come with the territory, property owners who experience ongoing problems and permanent damages have the right to turn to the Kentucky civil courts for injunctive relief and/or financial compensation.