Repair  of damage  caused  by Negligence on the part  of the applicant is not  eligible for reimbursement. This issue often  arises when an applicant fails to take prudent measures  to protect a facility from further damage  in the wake of a disaster. For example, the roof of a library is damaged during a hurricane. The applicant does not install tarps on the roof to protect the building’s  interior for several weeks. In that  time, repeated rain  showers destroy the exposed books and furnishings. The damage caused by the rains would not be eligible unless the applicant could  document and justify why emergency protective measures  were not implemented in a timely manner. The installation of the tarps is an emergency measure that would have been eligible.

Damage caused by the applicant, if unavoidable, may not necessarily be negligence, especially in cases where the damage occurs during emergency response efforts.  For example, while using  heavy equipment to build  a temporary berm  for flood protection, an applicant damages  the roads that provide access to the berm.  Even though the applicant caused the damage, the repairs  to the road may be eligible as Category B work. For Federal-Aid roads, only emergency repairs could be eligible (see Federal-Aid Roads). For local roads, repair to pre-disaster condition would be eligible.

When inadequate design,  such as an undersized culvert, contributes to damage, such damage is not considered negligence.

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