Lexington Telephone Co. v. Davidson Water, Inc.

COZORT, Judge.

Plaintiff appeals from judgment denying recovery in quantum meruit. Plaintiff (a telephone utility) located its underground cable lines for defendant (a water utility), after normal business hours, over a period of approximately fourteen months. Defendant then refused to pay for the after-hours cable locations, claiming it was under no obligation to make such payment pursuant to the Underground Damage Prevention Act (“Act” or “Chapter 87”), N.C. Gen. Stat. § 87-100 to § 87-114 (1994). Plaintiff argued it was due compensation for marking its cable. The trial court, sitting…