Bill takes aim at utility road delays

ATLANTA - Private contractors aren't the only ones who will be held up to scrutiny this legislative session as lawmakers look for ways to try to keep road construction projects from languishing past deadlines.

Sen. Jim Whitehead, R-Evans, on Friday introduced a bill that seeks to hold utility companies accountable for not contributing to delays, which add to the time drivers and businesses are inconvenienced by blocked off roadsides and traffic lanes.

Mr. Whitehead's bill allows for utilities, such as phone, cable, electric and natural gas companies, to be held liable for a road contractor's delay costs and damages if a utility doesn't finish its end of the job by moving or adjusting lines according to plan.

"It puts pressure on them to do things in a timely matter," Mr. Whitehead said.

His bill is meant to dovetail with another measure that Rep. Ben Harbin, R-Evans, plans to sponsor that would block contractors who have fallen behind on work from bidding on other state projects.

Mr. Harbin said he had hoped to also introduce his bill Friday but was working out some final details to avoid having to make amendment changes later.

"It's becoming a trend that more of our projects are taking longer to get completed," he said. "We need to fix this now because our state's growing so fast."

Mr. Harbin has said that he was prompted to draft the legislation because of complaints about lagging roadwork along Furys Ferry Road and Mike Padgett Highway. He said his bill will be similar to Mr. Whitehead's proposal because they are both trying to add some consequences for project delays.

"We may end up merging these bills before it's over because we're trying to get at the same thing," Mr. Harbin said.

Representatives from several utility companies said Friday that they have not had a chance to look over Mr. Whitehead's bill to see what impact it would have on their operations.

Georgia Power spokesman John Sell pointed out that the major utility companies have been working on a task force with contractors and state Department of Transportation officials to discuss completing road projects quicker.

When it comes to projects that run over their estimated time line, utility-related problems contributed to 20 percent of the DOT's delayed projects last year, according to an agency review.

In comparison, poor weather was to blame for 31 percent of the delays during the 2005 fiscal year.

"This isn't a beat-up-the-utility-company bill," DOT Deputy Commissioner Larry Dent said. "It's an effort of the department to work with the utility company and the contractor to deliver projects as timely as we can."

He said the legislation, if approved, would provide a way for contractors to recoup some of their losses should utility companies lag behind on the necessary preliminary work.

He pointed out that some contractors have eaten the cost of rising asphalt and fuel costs on projects that got drawn out because the state does not cover the change in material prices when the bid is accepted.

"It's unfair for a contractor, or for the department in that regards, for a utility company to absolutely not pursue the work and there's no recourse for them," Mr. Dent said.

Reach Vicky Eckenrode at (404) 681-1701 or vicky.eckenrode@morris.com.