Kipin Industries, Inc. v. Van Deilen International, Inc. United Fidelity Corporation

KAREN NELSON MOORE, Circuit Judge.

The question presented in this appeal is whether a lien-waiver provision in a contract between Plaintiff-Appellant Kipin Industries, Inc. (“Kipin”) and Defendant-Ap-pellee Van Deilen International, Inc. (“VDI”) is enforceable. We hold that it is. Although the express waiver would be void under the substantive law of Michigan, which the parties selected to govern the contract, the waiver is valid under the law of Kentucky, which would govern the agreement in the absence of an express choice-of-law provision. Following the Michigan law of conflict of laws, we…