DCI Properties-DKY, LLC v. Coppage Construction Co.

OPINION

STUMBO, JUDGE:

DCI Properties appeals from an order granting Coppage Construction’s motion to dismiss. The issues involved are matters of first impression. We find that the trial court erred in dismissing DCI’s cause of action; therefore, we reverse and remand for further proceedings.

This case arises out of DCI’s construction of a sewer line funded in part with public funds. In 2007, Sanitation District No. 1 of Northern Kentucky (SD1), a public entity, contracted with DCI to design, construct, and manage the project. DCI then subcontracted with Coppage for the actual construction of…