UNIVERSITY OF LA v. RAM ENGINEERING

No. 2004-CA-001752-MR.

199 S.W.3d 746 (2006)

UNIVERSITY OF LOUISVILLE, Appellant, v. RAM ENGINEERING & CONSTRUCTION, INC., Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court September 13, 2006.


Attorney(s) appearing for the Case

Barbara Reid Hartung, Holland N. McTyeire, V., Benjamin A. Fletcher, Angela D. Koshewa, University Counsel, Louisville, KY, for Appellant.

Robert C. Ewald, Deborah H. Patterson, Christopher W. Brooker, Louisville, KY, for Appellee.

J. Gary Bale, Frankfort, KY, for Amicus Curiae, Finance and Administration Cabinet.

Before MINTON, SCHRODER and TAYLOR, Judges.


OPINION

SCHRODER, Judge.

The University of Louisville (the University) appeals the award of prejudgment interest in an action for a breach of contract on the grounds that the trial court did not have the authority to award prejudgment interest against a governmental entity. We opine that KRS 45A.245 waives sovereign immunity in contract actions against the state with a cap on damages of twice the original contract price. Because the cap is the only...

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