Kentucky Supreme Court

3d Enterprises Contracting Corporation, Appellant v. Louisville and Jefferson County Metropolitan Sewer District…

August 25, 20052005 Ky. LEXIS 224

Summary

The court held that the supplier's lien was automatically released when the supplier failed to timely serve its lien complaint, entitling 3D to the withheld funds. It further held that the settlement agreement barred MSD from asserting that 3D breached the contract by providing a worthless warranty, and that the agreement's exception for acceptable work did not preserve that claim. The court affirmed the denial of prejudgment interest because the underlying demands were unliquidated. Justice Scott, joined by Justice Cooper, concurred in part and dissented in part, arguing that the lien amount remained liquidated and that prejudgment interest was required as a matter of right.