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  • Posts by J. Mark Grundy
    Partner

    Mark is the Co-Chair of the Litigation Department, and he concentrates his practice in business litigation and dispute resolution. He has broad experience in contract, commercial, estate, real estate, trade secret, employee ...

Kentucky allows recovery of a variety of damages when there has been a breach of a construction contract or wrongful conduct within the context of a construction job. Which damages are recoverable – and which ones are not – when there is a breach of a construction contract?

Lien statutes provide contractors, subcontractors and material suppliers with a vehicle to assure payment for their work and services on a construction project. As discussed in our last article on private project liens, Kentucky applies different lien rules depending upon whether the project is private or public. As with private project liens, the courts of Kentucky strictly construe the public project lien requirements and will disallow a lien if it is not filed in strict compliance with those requirements. Therefore, it is vital that the procedure for perfecting a lien involving a public project is strictly followed.

Lien statutes provide contractors, subcontractors and material suppliers with a vehicle to assure payment for their work and services on a construction project. As discussed in our last article on private project liens, Kentucky applies different lien rules depending upon whether the project is private or public. As with private project liens, the courts of Kentucky strictly construe the public project lien requirements and will disallow a lien if it is not filed in strict compliance with those requirements. Therefore, it is vital that the procedure for perfecting a lien involving a public project is strictly followed.

Liens are among the most important legal issues in construction, and contractors, subcontractors, material suppliers and owners all need to know the law governing their creation and enforcement. The two threshold issues taken into consideration with any lien are the type of project to which it applies and the party seeking the lien. This is because Kentucky applies different lien rules depending upon the filing party and whether the project is private or public.

Liens are among the most important legal issues in construction, and contractors, subcontractors, material suppliers and owners all need to know the law governing their creation and enforcement. The two threshold issues taken into consideration with any lien are the type of project to which it applies and the party seeking the lien. This is because Kentucky applies different lien rules depending upon the filing party and whether the project is private or public.

Kentucky allows recovery of a variety of damages when there has been a breach of a construction contract or wrongful conduct within the context of a construction job. Actual and incidental contract damages are generally recoverable unless they are otherwise excluded in the contract. Oftentimes, construction contracts have liquidated damages clauses which state the precise dollar amount of damages that may be recovered in the event of a breach of the contract. Kentucky courts enforce liquidated damages clauses as long as they have some reasonable relation to the transaction.

Kentucky allows recovery of a variety of damages when there has been a breach of a construction contract or wrongful conduct within the context of a construction job. Actual and incidental contract damages are generally recoverable unless they are otherwise excluded in the contract. Oftentimes, construction contracts have liquidated damages clauses which state the precise dollar amount of damages that may be recovered in the event of a breach of the contract. Kentucky courts enforce liquidated damages clauses as long as they have some reasonable relation to the transaction.

Posted in Litigation

Attorneys at Bingham Greenebaum Doll LLP are close advisors to clients with diverse challenges. Many of these diverse challenges require extensive research.  In a recent article from Louisville‘s Business First, attorney Mark Grundy explains the benefits of research and simplifying key points for each case.

The most commonly used standard form construction contracts are issued by the American Institute of Architects (AIA). Recently, the general conditions provisions of the AIA standard form contracts underwent significant revisions. Most significantly, the A201 general conditions standard forms, which are common to most AIA construction contracts between owners and contractors, and between contractors and their subcontractors, were revised as follows:

In the recent legislative session of the Kentucky General Assembly, the Legislature passed the “Kentucky Fairness in Construction Act” which imposes significant changes to the current parameters of construction contract negotiating. The new law establishes certain provisions as null, void and unenforceable under Kentucky construction contract law; establishes time ...

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