slick

iTrader: (6)

This isnt about traffic tickets or speeding, but since this is the legal forum, I thought I would give it a shot before contacting a Lawyer (I don't want to call a lawyer and sound dumb because my claim is bogus).

Here is the situation. My parents own a hotel, the city started a construction project on our exit, widening the highway by adding an extra lane. We had no prior warning that they were going to start this project. A week after the construction begins, our exit is closed. Our exit has been closed for 1 1/2 months. People are having an extremely tough time getting to us, how can you when you don't know the area. Then they tore up the road in front of the hotel, which used to be a two way road going north and south. Now its a one way road going north only. So if you need to go south on that road, you have to go north, turn at the next street, and detour around. The noise from the construction begins at 8am or so, which bothers some guests. One day, they tore up the extrance to our driveway (which is technically city property) and left a 6 foot pile of broken concrete in front of the drive way, meaning, the only way in and out of the hotel was to jump the curb and drive over our lawn/flower bed area.

I get atleast 5 people bitching at me daily about the difficulties they had getting to us. I have had people cancel reservations because they got frustrated trying to find us and gave up. I have had people who had multi day reservations stay just one night because they didn't want to deal with all the detouring and construction noise. Just today, I had 2 people shorten their stay and one person cancel (the person that cancelled was so upset on the phone that she sweared, but she apologized for that since its not my fault).

On a few occasions, they had the road in front of the hotel going southbound, with the road closed half way down. Its hard to tell customers how to get to us since the road direction and such changes from time to time. We tried putting up signs, off of the detour exit, so customers can follow the signs to get to us, but the city took them down and told us WE are NOT allowed to put up signs, but to make a request to the city and they will put them up. We did, a month ago, 2 weeks ago, today, nothing still. This time of year is not a good time, its a lot slower than the summer season since there are less travelers, but 4-5 rooms rented a day is pathetic. My dad had to a talk with our bank today to see if we can get another loan, since we might come up short. In the 7 years my parents have been running this place, we have always showed a profit, never a loss. And the best part, the construction is supposed to last until the end of 2006/early 2007.

We can not keep this up that long. We would sell the place, but we wouldn't get anything for it, thats if someone is even willing to buy. I am at a loss, I don't know what action to take, and I feel upset that the city is doesn't seem to care about the situation they are putting us in (we spoke with a few other businesses located on our street, they feel the same and want something done).

Do I have cause to contact a lawyer and have a chat with the city or whoever is in charge of the construction? Or is a battle I can't win?

soonercivic

It is usually an uphill battle trying to sue the govt. However, under your parents commercial insurance policy it may cover "loss of use" for circumstances like this. I think I know the area your talking about, on the way to Norman its a bitch on game days. But anyway, it usually doesnt cost anything for a consultation with a lawyer. There were a lot of stores at Crossroads Mall that went out of business because of the road work they were doing. I bet it does suck, but there are probably ways to get your money for lost business back whether its suing the state or claiming it on your insurance. Ill check my insurance licensing books (agent, but not commercial) and see if i can find anything out for you.

soonercivic

Ok I found something for you. Unfortunatly "governmental action" is not covered under any business owners policy. In fact it is specifically excluded. So if you are looking for some type of compensation, you will have to take some type of legal action against the state. I say consult with a lawyer and see what your options are, they may say that that state has a system set up to compensate you for this or that your SOL. But thats probably your only chance.

absolut_vodka98

iTrader: (3)

That sucks for you and your parents buisiness man. You would think that the city/state would take into account the businesses on the street and make some type of accomodation to allow traffic access to the local businesses. Good luck on your consultation, hope it works out for you.

slick

iTrader: (6)

Thanks for all the info Sooner, I will give a Lawyer a shot, since its free for a consultation, it can't hurt. You wouldn't happen to know of a decent Lawyer in the OKC area would you? I have never had to contact a Lawyer for anything, and since my parents English isn't the best, I would be the one contacting the Lawyer.

Yeah, we are in Moore, off of the 12th St. exit, and man, it sucks big time. I am 99% we are not going to go out of business, but losing money really sucks. I feel sorry for the people having to go through this mess in the morning to get to work, there is a traffic jam every morning going northbound.

Thanks for the help again, I really appreciate it.

soonercivic

Sorry, i dont know of anyone i can suggest. I do work with a guy who is in law school, ill ask him if he knows anyone.

DelSolid

iTrader: (1)

My first thought when I started reading your story was "no way". But after reading more, I think you have a legitimate complaint. I would see a lawyer but not with the expectation of "winning" anything in court. I would try to put pressure on the city to minimize the damages to you guys during the construction. There are alot of reasonable things that they could be doing to minimize your damages. They cannot completely block access to your business etc...

BTW, they are not required to notify you personally that construction is going to happen, it's all a matter of public record and it's your responsibility (however unlikely)to know about it.

soonercivic

I just spoke with the guy i work with. He said that you are probably screwed. He said "governmental immunity" will most likely apply in a case involving the highway or street systems. He knows a guy who deals with land issues, he said he will ask him and see what he says. Ill probably be able to tell you more tomorrow. If its the city doing it you will have a better chance of getting something as opposed to the state doing it.

slick

iTrader: (6)

I honestly don't expect to win money, but providing proper detour instructions so people who are not familiar with the area can easily access us, just like how they were able to before. For most, its frustrating to be able to see the hotel, but have no idea how to get to it. Maybe they can help us out in other ways to, get us some local advertising or something. The most frustrating part is that the city doesn't seem to care about us, that's whats getting to me.
Let me know if you find anything about a lawyer, and thanks again.

slick

iTrader: (6)

Hmmm...I would assume is the state thats doing it since the highway is owned by the state, is that correct? I appreciate your effort Sooner, let me know if anything else surfaces from this.
I left another message at the Chambers of Commerce, trying to get someone to talk to me about this issue, we'll see if I get a call back anytime this year.

soonercivic

I wouldnt hold my breath about them callling you back. lol. i think i might have seen your car around, not sure though. we need an OKC meet sometime.

slick

iTrader: (6)

OKC meet would be nice. I need to fix my car up a little, finish my audio install.

I'm not going to hold my breath, I have called them a lot, next step, drive down there and talk to someone in person.

soonercivic

Well we should set it up sometime. I gotta repaint my car, but that isnt happening for awhile. Next comes the drop. Go down there and slap some state officials around a lil bit, that might get it done.

notoriouspyro

iTrader: (1)

Best of luck to you. I was under the impression that for any major construction near or around a business there must be some route left open to consumers. I don't know if that differs from state to state. You may want to look into that. I don't remember what the ordinance states regarding that, but it's worth a shot. So since they are expanding the road, are they taking any of your property away from you?