In October, 2016, Thomas M. Todd, represented a subcontractor against the general contractor on a public project. Following a five day bench trial, Todd obtained a judgment on behalf of his client of over $420,000, consisting of the remaining base contract, unapproved change orders, and an award under the Kentucky Fairness in Construction Act of more than $200,000 in prejudgment interest and legal fees. The award of interest and legal fees was based on bad faith by the general contractor and is currently on appeal where it is expected that the Court of Appeals will render an opinion of first impression in the Commonwealth under the Fairness in Construction Act.
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