Main Menu
  • Posts by Jeffrey McKenzie
    Partner

    Jeff is the Corporate Services Department Co-Chair and past Chairman of the firm. He is also Beverage Alcohol Team Chair. Jeff has been involved in the successful negotiation of billions of dollars in economic incentives ...

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.

With a Louisville office located in the center of bourbon country, Bingham Greenebaum Doll LLP attorneys have the ability to work closely with clients in the bourbon industry to find solutions tailored to meet their needs. Fast Company highlighted this in a recent article about the bourbon renewal taking place in downtown Louisville. In the article, attorney Jeff McKenzie provides insight into the tax incentives being made available to several distillery clients that are setting up shop on “Bourbon Row.” An excerpt of the article is below. 

Any shrewd negotiator will advise that you consider the deal closed only when the ink has dried, and in many cases only when the check has cleared.  Now that the ink has dried on the products of the 2009 special session, one great deal stands out: the Incentives for a New Kentucky.  INK, the short name for the incentives legislation signed into law in June by Governor Beshear, encompasses the Kentucky Reinvestment Act, the Kentucky Business Investment Program and other results of House Bill 3.  After a few months in operation, the response to INK has been overwhelming.  The patience and hard work of the state government, the Kentucky Association of Manufacturers and other like-minded Kentuckians to develop the concept of rewarding financial commitment to our state has paid off for the benefit of KAM members and for the entire Commonwealth.  In addition, the timing of the new bill could not have been better, truly the right package of programs at the right time.  Kentuckians now have a statutory scheme in place in time to encourage our manufacturers to invest in our Commonwealth and, most important, to save Kentucky jobs.   

RSS RSS Feed

Subscribe

Recent Posts

Categories

Contributors

Archives

Back to Page