By Hemmer DeFrank Wessels PLLC | Published May 20, 2018 | Posted in Construction law | Tagged Tags: Cincinnati Ins. Co v. Motorists Mut. Ins. Co., faulty construction in Kentucky, general contractors' liability | Leave a comment
What Does Kentucky Law Say About General Contractor Liability for Faulty Construction?
How much liability, if any, do general contractors have for faulty construction when subcontractors are also involved in a project? The answer to this question depends not just on the circumstances of the case but also on the state where the project is taking place. In recent years, Kentucky law has been tougher on general Read More
Read MoreWhat Are Deceptive Trade Practices, and How Are They Covered Under Kentucky Business Law?
The term “deceptive trade practices” encompasses any type of advertising or labeling intended to somehow mislead or deceive consumers. Kentucky has extensive consumer protection laws — in addition to federal laws — to protect consumers from suspicious or disingenuous advertising and sales tactics. There are also mechanisms to punish companies that engage in these practices. Read More
Read MoreKentucky Law Places Limitations on the Interest Rates Lenders Can Charge
Banks and other loan providers in Kentucky must follow strict state laws regarding the interest rates they may charge. What follows is a brief summary of interest rate laws in the state. Legal maximum rates and judgment rates In Kentucky, the maximum legal interest rate is 8 percent, unless the parties agree otherwise. Even in Read More
Read MoreHow Can Kentucky Employers Use Arrest and Conviction Records?
Job hunting can be difficult for a person with a criminal record. There are federal and state protections that can make matters a little easier for these individuals. In Kentucky, job applicants do not have to disclose any expunged records on their employment applications. However, the state does not prohibit employers from considering arrests and Read More
Read MoreBeware! Kentucky’s Rules on the Unauthorized Practice of Law are Strict
Written By: Todd V. McMurtry As a Kentucky lawyer, who lives on the Ohio border, I have seen Ohio lawyers, not licensed to practice law in Kentucky, “cross the river” to handle Kentucky cases. I have always cautioned these lawyers to tread carefully as Kentucky’s rules that govern the practice of law are stricter than Read More
Read MoreShould Mediators Be Credentialed?
Written By: Todd V. McMurtry I recently spoke at the Kentucky Bar Association’s Kentucky Law Update on behalf of the Alternative Dispute Resolution Section. One of the topics I addressed related to whether mediators should be credentialed. In general, the concept of requiring a mediator to be credentialed is similar to a lawyer being licensed Read More
Read MoreMay a Director of a Kentucky Corporation Set Up a Competing Business?
Written By: Todd V. McMurtry It is common in the ebb and flow of business for corporate directors to move in and out of corporations for a variety reasons. Therefore, it is critical for directors to understand the duties and obligations they have to the companies they serve. This article will focus on a director’s Read More
Read MoreKey Considerations Before Mediation of a Business Dispute
Written By: Todd V. McMurtry Today most courts require that litigants attempt to mediate a resolution to their dispute before the court will set the matter for trial. For this reason, it is critical that the parties evaluate a number of key variables before they go to mediation. Here is starting point for the process. Read More
Read MoreComing Soon: Major Changes to the Fair Labor Standards Act that Promise to Impact Nearly Every Kentucky Business
Written By: Todd V. McMurtry The Fair Labor Standards Act (“FLSA”) requires that most employees be paid at least the federal minimum wage for all hours worked and overtime pay at time and one-half the employee’s regular rate for hours worked over 40 in a workweek. Section 13(a)(1) of the FLSA, however, provides an exemption Read More
Read MoreThe Risk of Party Incapacity During Mediation
Written By: Todd V. McMurtry Most lawsuits today are settled through mediation. For this reason, a lawyer’s skill at managing the mediation process is more critical than ever. So, a lawyer has to be prepared for the unexpected. Take for example, a client that has become incapacitated. Time and circumstance may cause a client who Read More
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