NALBANDIAN, Circuit Judge. This case tells a tale of two creeks. The first, Pond Creek, drains into a watershed highly prone to flooding. The second, Fishpool Creek, diverts excess stormwater from that watershed into Vulcan Quarry through a channel maintained by the Louisville & Jefferson County Metro Sewer District. For the owner of Vulcan Quarry—South Side LLC—Fishpool Creek’s diversion created only the worst of times. According to South Side, Metro Sewer District used the diversion channel to flood and pollute Vulcan Quarry, all in violation of the Clean Water Act and Kentucky state law.

Metro Sewer District responded that the diversion channel connecting Fishpool Creek and Vulcan Quarry is part of a flood control project that was planned and constructed years ago. And that South Side knew this when it bought the property. According to Metro Sewer District, this meant that some of South Side’s claims were time-barred. It also contended that South Side failed to give it sufficient notice of the pollution problems before suing.

The district court sided with Metro Sewer District and dismissed South Side’s claims. For the following reasons, we affirm its decision.

This is the third appeal arising from a commercial construction project. Most recently, the case went to trial before a jury, which awarded the plaintiff subcontractor $1,729,122.46 in compensatory damages under four separate theories and $3,900,000.00 in punitive damages. The trial court further awarded the plaintiff pre- and post-judgment interest and attorney’s fees and costs. We conclude the economic loss rule is applicable to construction contracts negotiated between sophisticated commercial entities and that fraud is not an exception under the particular circumstances of this case. Because punitive damages and interest are not authorized under the parties’ agreement, those damages are reversed. The compensatory damages of $1,729,122.46 awarded for breach of contract are affirmed. The award of attorney’s fees incurred at trial are vacated for a determination of the attorney’s fees incurred in obtaining the compensatory damages award. No attorney’s fees are awarded on appeal. We therefore reverse in part, affirm in part, and vacate in part.

Following the establishment of paternity, a father petitioned to change his child’s surname. The trial court denied the petition. The trial court’s order does not contain findings as to whether the name change is in the child’s best interests. Therefore, we vacate the judgment and remand.

The Petitioner, Clarence E. McCaleb, appeals from the Knox County Criminal Court’s dismissal of his petition for post-conviction DNA analysis. The petition sought DNA testing of a fork found on the victim’s bedroom floor. The Petitioner now appeals, arguing that DNA analysis of the fork would result in a reasonable probability that he would not have been prosecuted or convicted if DNA profiles inconsistent with the Petitioner’s and the victim’s were discovered. Following our review, we affirm the judgment of the postconviction court.

The Petitioner, Melvin R. King, III, appeals the denial of his petition for post-conviction relief from his convictions and effective life sentence for first degree felony murder, aggravated burglary, employing a firearm during the commission of a dangerous felony, three counts of especially aggravated kidnapping, reckless aggravated assault, attempted especially aggravated robbery, and aggravated animal cruelty. The Petitioner alleges that trial counsel was ineffective for: (1) failing to pursue intoxication as a defense; (2) failing to file a motion to suppress the Petitioner’s police statement because he was intoxicated when he gave it; (3) failing to adequately cross-examine a victim-witness who tampered with evidence at the crime scene and who gave an inconsistent prior statement; (4) failing to discuss the evidence tampering and inconsistent statement in closing argument; and (5) failing to poll the jurors to ensure they were not influenced by an improper communication from one of the jurors to the District Attorney General. In addition, the Petitioner argues that the cumulative effect of these errors deprived him of a fair trial. We affirm.

NALBANDIAN, Circuit Judge. Song Guo Zheng lied on several applications for National Institute of Health (NIH) funding while employed at some of the country’s largest universities. Zheng pleaded guilty to fraudulently obtaining this federal funding, but on appeal argues that his trial counsel was ineffective by not seeking a downward variance at sentencing given his immigration status. Generally, however, we decline to review ineffective-assistance claims for the first time on direct appeal because the record is inadequate to establish any error.

JOHN K. BUSH, Circuit Judge. Deandre Lipford died tragically after he overdosed while detained in the Detroit Detention Center. At the jail that night, Officer Clyde Lewis was in charge of making rounds, but he failed to physically enter the holding area to check on Lipford as required by jail operating procedures. Veronica Hyman, Lipford’s representative, sued Lewis and others, claiming several violations of Lipford’s constitutional rights and state law. The district court granted summary judgment to Lewis, denying Hyman’s deliberate-indifference claim. For the following reasons, we affirm.

BERNICE BOUIE DONALD, Circuit Judge. Plaintiff-Appellant Kelly Blanchet appeals the district court’s order granting summary judgment in favor of Defendant-Appellee Charter Communications for her claims under the Americans with Disabilities Act (“ADA”). We REVERSE and REMAND to the district court for further proceedings.

JOHN K. BUSH, Circuit Judge. In 2008, Jesse Rondale Bailey received a sentence of 360 months’ imprisonment as a career offender for the possession and distribution of crack cocaine and powder cocaine. After the passage of the First Step Act in 2018, he moved for a sentence reduction. The district court denied his motion, and Bailey appealed. Because the district court’s denial of Bailey’s motion was not an abuse of discretion, we affirm.

The Petitioner, Damarkus Lowe, appeals the denial of his petition for post-conviction relief from his first degree murder conviction, arguing that his trial counsel was ineffective for advising him not to testify in his own defense. Based on our review, we affirm the judgment of the post-conviction court.