2011 Kentucky Revised Statutes CHAPTER 411 RIGHTS OF ACTION AND SURVIVAL OF ACTIONS 411.260 Notice of construction professional's right to offer to cure defects before commencement of litigation -- Action not barred if homeowner is not given notice.
KY Rev Stat § 411.260 (1996 through Reg Sess) What's This?
411.260 Notice of construction professional's right to offer to cure defects before
commencement of litigation -- Action not barred if homeowner is not given
notice.
(1)
(2)
(3)
The construction professional shall provide notice to each homeowner, upon
entering into a contract for the construction of a residence, of the construction
professional's right to offer to cure construction defects before a homeowner may
commence litigation against the construction professional. The notice shall be
conspicuous and may be included as part of the underlying contract signed by the
homeowner.
The notice required by this section shall be in substantially the following form:
"SECTIONS 411.250 TO 411.260 OF THE KENTUCKY REVISED STATUTES
CONTAIN IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE
YOU MAY FILE A LAWSUIT FOR DEFECTIVE CONSTRUCTION AGAINST
THE BUILDER OF YOUR HOME. YOU MUST DELIVER TO THE BUILDER A
WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE
ARE DEFECTIVE AND PROVIDE YOUR BUILDER THE OPPORTUNITY TO
MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS. YOU ARE NOT
OBLIGATED TO ACCEPT ANY OFFER MADE BY THE BUILDER. THERE
ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND
FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A
LAWSUIT."
KRS 411.250 to 411.266 shall not preclude or bar any action if notice is not given
to the homeowner as required by this section.
Effective: June 24, 2003
History: Created 2003 Ky. Acts ch. 123, sec. 6, effective June 24, 2003.
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