Ross Bros. Construction Co. v. Markwest Hydrocarbon, Inc.

RYAN, Circuit Judge.

Ross Brothers Construction Co., Inc., appeals a district court decision awarding summary judgment to MarkWest Hydrocarbon, Inc., on a contract claim. The district court found that MarkWest was entitled to judgment as a matter of law on its defense of accord and satisfaction under Kentucky Revised Statute § 355.3-311. We AFFIRM.

I

On November 3, 1999, Ross Brothers Construction contracted with MarkWest to upgrade MarkWest’s natural gas processing facility in Siloam, Kentucky, for the price of $1,114,944. Over the course of the project, Ross Brothers performed work beyond that…