Mr D Bryan Thomas

D Bryan Thomas


Projects, Construction & Infrastructure

Non-compliance with change order requirements dooms differing site conditions claim
USA | 29 March 2021

In November 2020 the Kentucky Court of Appeals affirmed a trial court's decision which dismissed a contractor's differing site conditions claim on a sewer replacement project. In TSI Construction, Inc v Louisville and Jefferson County Metropolitan Sewer District, the appellate court concluded that the contractor's failure to comply with contractual provisions necessary to preserve its claim were fatal to its lawsuit.

Kentucky fried claim: contractor preserves immunity from suit by complying with government contract specifications
USA | 23 November 2020

The Kentucky Court of Appeals recently upheld a contractor's immunity from suit for negligence, where the contractor complied with the contract and construction specifications provided by the Kentucky Transportation Cabinet Divisions of Construction Procurement. The case arose from a collision between a motorcycle and a car at an intersection where construction was being performed.