411.252 Definitions for KRS 411.250 to 411.266.
As used in KRS 411.250 to 411.266, unless the context otherwise requires:
(1) "Action" means any civil lawsuit or action in contract or tort for damages or
indemnity brought against a construction professional to assert a claim, whether by
complaint, counterclaim, or cross-claim, for damage or the loss of use of real or
personal property caused by a defect in the construction of a residence. "Action"
does not include any civil action in tort alleging personal injury or wrongful death to
a person or persons resulting from a construction defect;
(2) "Claimant" means a homeowner who asserts a claim against a construction
professional concerning a defect in the construction of a residence;
(3) "Construction professional" means a builder;
(4) "Homeowner" means any person, company, firm, partnership, corporation,
association, or other entity that contracts with a construction professional for the
construction of a residence. "Homeowner" includes but is not limited to a
subsequent purchaser of a residence from any homeowner;
(5) "Residence" means a single-family house, duplex, triplex, or quadraplex, or a unit
in a multiunit residential structure in which title to each individual unit is
transferred to the owner under a condominium regime as established in KRS
381.815 and shall include general common elements and limited common elements
as defined in KRS 381.810; and
(6) "Serve" or "service" means personal service or delivery by certified mail to the last
known address of the addressee.
Effective: June 24, 2003
History: Created 2003 Ky. Acts ch. 123, sec. 1, effective June 24, 2003.
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