Ky. High Court Reverses Appellate Panel On Sewer Contract

Law360 (December 14, 2018, 10:08 PM EST) -- A Kentucky appellate court improperly dumped the entire dispute resolution process detailed in a municipal sewer construction contract, the state’s Supreme Court said Thursday, finding that state law allows courts to selectively remove illegal contractual provisions while keeping everything else.

The unanimous high court reinstated the Louisville and Jefferson County Metropolitan Sewer District’s initial summary judgment win on T+C Contracting Inc.’s claim for almost $109,000 worth of work linked to leaky sewer pipes, saying the appellate panel was too heavy-handed in applying the Kentucky Fairness in Construction Act.

The KFCA nullifies any contractual provision that prevents the parties from taking their...

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