Opinion

3D Entersprises Contracting Corp. v. Louisville Jefferson & County Metropolitan Sewer District

  • 174 S.W.3d 440
  • 2005 Ky. LEXIS 224
  • 2005 WL 2043581
Court
Kentucky Supreme Court
Filed
Aug 25, 2005
Status
Published
Author
Scott
On the bench
Johnstone, Lambert, Graves, Roach, Wintersheimer, Scott, Cooper
Cited by
161 cases
Authority
More cited than 8.1%

finding a settlement agreement which stated that the parties wished to dismiss their claims with prejudice was sufficient to carry res judicata effect

How later courts described this case

  • finding a settlement agreement which stated that the parties wished to dismiss their claims with prejudice was sufficient to carry res judicata effect
  • noting that when no ambiguity in a contract exists, a court should look “only as far as the four corners of the document to determine the parties’ intentions”
  • “Liquidated claims are ‘of such a nature that the amount is capable of ascertainment by mere computation, can be established with reasonable certainty, can be ascertained in accordance with fixed rules of evidence and known standards of value, or can be determined by reference to well-established market values.’”
  • rejecting the argument that the mechanic’s-lien statute should be construed liberally

Written by the judges who cited it.

The opinion

SCOTT, Justice,

Concurring in Part and Dissenting in Part.

I agree with the majority opinion except as to the prejudgment interest against which I must respectfully dissent.

The amount was undisputedly liquidated at the time of the filing of the lien. However, the majority now holds the known liened funds to be unliquidated as a result of the various claims and counter-claims asserted by the parties during the course of the litigation.

As the majority concedes, but then misses, the longstanding rule in Kentucky is that prejudgment interest is awarded as a matter of right on a liquidated demand, and is a matter within the discretion of the trial court or jury on unliquidated demands. 1 This Court, in Nucor, gave specific examples of liquidated amounts. These include “a bill or note past due, an amount due on an open account, or an unpaid fixed contract price.” 2 “In general, ‘liquidated’ means made certain or fixed by agreement of the parties or by operation of law.” 3

The amount at issue here was due under the contract and had been fixed — even before the lien (which was invalidated) attached. “[T]he tendency of the courts is to charge and allow interest in accordance with the principles of equity, to accomplish justice in each particular case.” 4

It is evident that the amount at issue here was a liquidated, unpaid fixed contract amount which remained liquidated throughout. Any confusion resulting from the other claims and cross-claims did not render the amount unliquidated. 3D Enterprises should have been entitled to prejudgment interest on the liened amount.

COOPER, J., joins this opinion.

. Nucor Corp. v. General Electric Co., 812 S.W.2d 136, 141 (Ky.1991).

. Id. at 141 .

. Id.

.Reliable Mechanical, Inc. v. Naylor Industrial Services, Inc., 125 S.W.3d 856, 858 (Ky.App.2003).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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