Louisville Metro. Sewer v. T+C Contracting

OPINION OF THE COURT BY CHIEF JUSTICE MINTON

The Kentucky Fairness in Construction Act ("KFCA"),1 which became effective over a decade ago, made dramatic changes in our existing law by voiding, as a matter of public policy, a host of what were then customary provisions in construction contracts. On discretionary review of this case, we hold that the Court of Appeals erred when it applied provisions of the KFCA to void the entire dispute-resolution process contained in the parties' sewer-construction contract. The KFCA nullifies contract provisions that prohibit the parties from asserting…