Ky. Rev. Stat. » Chapter 371
Kentucky Revised Statutes

Ky. Rev. Stat. § 371.415 (2026)

Award of costs and attorney's fees in action to enforce KRS 371.400 to

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371.425. In any action to enforce KRS 371.400 to 371.425, including arbitration, the court or arbitrator shall award costs and reasonable attorney's fees to the prevailing party if the losing party is deemed to have acted in bad faith. For public construction contracts, recovery of attorney's fees under this section shall be limited to the public contract rate for attorney's fees. Venue of such an action shall be within the Commonwealth of Kentucky. Effective: June 26, 2007 History: Created 2007 Ky. Acts ch. 136, sec. 4, effective June 26, 2007.

Notes of Decisions
Cited in 7 cases (3 in the last 5 years), 2019–2025 · leading case: Elder Constr. & Assocs., Inc. v. Georgetown-Scott Cnty. Airport Bd., No. 2023-CA-0997 (Ky. Ct. App. Mar. 7, 2025).
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Elder Constr. & Assocs., Inc. v. Georgetown-Scott Cnty. Airport Bd., No. 2023-CA-0997 (Ky. Ct. App. Mar. 7, 2025). · cites it 4× “It awarded Quality and Airport attorneys’ fees pursuant to KRS 371.415. Based on “the fraudulent conduct of David Elder” – specifically, that he fraudulently executed affidavits so that Airport would release funds to Elder Construction despite Quality not yet having been paid –…”
D. W. Wilburn, Inc. v. Painting Co., 577 S.W.3d 782 (Ky. Ct. App. 2019). “]" KRS 371.415. The parties agree that the KFCA does not itself define bad faith, although there have been unpublished cases which impute a definition of "dishonesty of belief or purpose.”
Advantage Indus. Sys., LLC v. Aleris Rolled Prods., Inc., No. 4:18-cv-00113 (W.D. Ky. Mar. 2, 2020). “; attorney fees in accordance with KRS 371.415; collection costs; pre and post judgment interest; and other relief the Court deems appropriate (Id.”
Advantage Indus. Sys., LLC v. Aleris Rolled Prods., Inc., No. 4:18-cv-00113 (W.D. Ky. Nov. 6, 2020). “; attorney fees in accordance with KRS 371.415; collection costs; and pre and post judgment interest (Id.”
Advantage Indus. Sys., LLC v. Aleris Rolled Prods., Inc., No. 4:18-cv-00113 (W.D. Ky. Dec. 27, 2021). “; attorney fees in accordance with KRS 371.415; collection costs; pre- and post-judgment interest (Id.”
Advantage Indus. Sys., LLC v. Aleris Rolled Prods., Inc., No. 4:18-cv-00113, 2020 WL 4432415 (W.D. Ky. July 31, 2020). “; attorney fees in accordance with KRS 371.415; collection costs; pre and post judgment interest; and other relief the Court deems appropriate (Id.”
A&A Drywall LLC v. Elder KY, Inc., No. 1:22-cv-03086 (D. Colo. Aug. 19, 2025). “) Defendants cite Ky. Rev. Stat. § 371.415, which provides, in pertinent part, that “[v]enue for such an action shall be within the Commonwealth of Kentucky.”
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