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Judge delays summary-judgment motion in Fletcher Excavation bond suit, orders offsets evidence
Summary
In a civil indemnity dispute over a paid bond claim, the judge asked Fletcher Excavation to produce proof of payments and offsets and set a May 27 follow-up; the court signaled it will consider whether mechanics' lien timing affected Westbend's right to settle claims.
A judge on May 12 heard argument in a dispute between Fletcher Excavation and Westbend Mutual Insurance over a bond/indemnity claim and whether Westbend permissibly settled a supplier's claim months after the supplier could have filed a mechanics' lien.
Westbend's counsel, Mike Vanel, told the court that a bond claim was paid and argued that contractual time-limits and a statutory limitations period (invoked in argument as KRS 413.90/related citation) are relevant; he also cited Kentucky law (KRS 376.080) that imposes time limits for filing mechanic's liens following final day of labor or materials.
Fletchers contended they had made payments and possibly returned materials that should offset Westbend's claimed indemnity amount. The court emphasized that it needed concrete evidence of any offsets and asked Fletcher's side to supply documentation of payments, returned materials and any payment plan records. The judge ordered those materials to be produced and said any proofs should be provided at least 10 days before the May 27 return hearing.
"I will give you an opportunity to look at that offset," the judge said, pressing Fletcher's counsel to present invoices, canceled checks or other documentary evidence supporting offsets already taken. The court said it would hold off on a summary-judgment ruling until the parties supplied the requested proof.
What's next: The court set a May 27 follow-up and instructed Fletcher Excavation to submit any offset documentation and payment records 10 days before that date; the judge signaled that absent sufficient offsets the indemnity claim may stand and that the payment chronology will inform whether lien-filing windows or contract language affect Westbend's obligations.
