(1) Notwithstanding any other remedies available, any person or party, in an individual
capacity or on behalf of a class of persons or parties, damaged as a result of a
violation of this chapter or the Uniform State Building Code, has a cause of action
in any court of competent jurisdiction against the person or party who committed
the violation. An award may include damages and the cost of litigation. If a
certificate of occupancy was not issued, then an award may also include reasonable
attorney's fees.
(2) Any action based upon a claim of violation of this section shall be brought within
one (1) year of the date on which the damage is discovered or in the exercise of
reasonable diligence could have been discovered. However, in no event shall an
action be brought under this section more than ten (10) years after the date of first
occupation or settlement date, whichever is sooner.
(3) Nothing in this section shall be construed to bar any common law liability of a
contractor or subcontractor or any right or cause of action against any contractor or
subcontractor created by any other statute.
Effective: July 15, 2020
History: Amended 2020 Ky. Acts ch. 62, sec. 1, effective July 15, 2020. -- Amended
1998 Ky. Acts ch. 445, sec. 1, effective July 15, 1998. -- Created 1978 Ky. Acts ch.
117, sec. 13, effective June 17, 1978.
Notes of Decisions
Real Est. Mktg., Inc. v. Franz, 885 S.W.2d 921 (Ky. 1994).
· cites it 12× “of implied warranties of merchantability, fitness for particular purpose, and habitability; and (3) a statutory cause of action because “First Lexington failed to comply with the provisions of KRS 198B, as well as the Uniform State Building Code, thereby giving rise to a private…”
Young v. Vista Homes, Inc., 243 S.W.3d 352 (Ky. Ct. App. 2007).
· cites it 7× “All of the complaints asserted claims for misrepresentation, and a private action for a code violation pursuant to KRS 198B.130. The Youngs, the Prevosts, the Rollers, and the Morelands asserted claims for negligent construction, and the Youngs and the Morelands asserted claims…”
Breedlove v. Smith Custom Homes, Inc., 530 S.W.3d 481 (Ky. Ct. App. 2017).
· cites it 5× “120(13) and KRS 198B.130; and granted Smith and Smith Custom Homes’ cross-motion for summary judgment against Breedlove.”
N. Kentucky Area Plan. Comm'n v. Cloyd, 332 S.W.3d 91 (Ky. Ct. App. 2010).
“103; violation of two provisions of the state building code, KRS 198B.130 and KRS 198B.140; and the tort of public policy wrongful discharge.”
Chad Rehkamp v. Drees Co. (Ky. Ct. App. 2025).
“The Rehkamps filed suit against Drees based on statutory claims arising from KRS 198B.130 and common law claims of negligence and/or negligence per se.”
— Ky. Rev. Stat. § 198B.130(1) — 1 case
Young v. Vista Homes, Inc., 243 S.W.3d 352 (Ky. Ct. App. 2007).
“All of the complaints asserted claims for misrepresentation, and a private action for a code violation pursuant to KRS 198B.130. The Youngs, the Prevosts, the Rollers, and the Morelands asserted claims for negligent construction, and the Youngs and the Morelands asserted claims…”
— Ky. Rev. Stat. § 198B.130(2) — 1 case
Breedlove v. Smith Custom Homes, Inc., 530 S.W.3d 481 (Ky. Ct. App. 2017).
“120(13) and KRS 198B.130; and granted Smith and Smith Custom Homes’ cross-motion for summary judgment against Breedlove.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.