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Spencer County approves contract amendment setting $7,500 daily liquidated damages for Elder Construction
Summary
After returning from an executive session, the Fiscal Court approved an amendment with Elder Construction that sets liquidated damages at $7,500 per day for failure to complete work; the court cited KRS 61.810 when entering executive session.
Spencer County Fiscal Court approved an amendment with Elder Construction on March 11 that sets liquidated damages at $7,500 per day for failure to complete contracted work, the meeting minutes show.
The court voted to enter executive session at 9:19 a.m. under Kentucky Revised Statutes KRS 61.810( c ) (pending or proposed litigation) and KRS 61.810( f ) (personnel matters). Planning and zoning staff and the county treasurer remained in executive session. The minutes state the court exited the closed session at 10:29 a.m. and that "no decisions were made" during the executive session itself.
Following return to open session, the court approved an amendment between the county and Elder Construction which specifies liquidated damages of $7,500.00 per day for failure to complete work. The minutes record the motion as passing by voice vote with all members present recorded as voting “aye.”
The minutes do not record additional contract details (scope, completion date, or prior terms) or further discussion in open session; the record shows only the amended liquidated damages amount and the approval vote.
