The Kentucky Supreme Court ruled that an excavation contractor was liable for damages to the company that hired it and that it committed a material breach of contract by failing to maintain workers’ compensation coverage.
Case: Scott Excavating Inc. v. Menard Inc., No. 2025-CA-1065-MR, 10/23/2026, unpublished.
Facts: In January 2017, Menard Inc. purchased land in Richmond, Kentucky, for a new retail store. Three months later, Menard contracted with Scott Excavating Inc. for the construction and installation of storm and sanitary sewers.
The total estimated cost of the contract wa...
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