Kentucky Revised Statutes

Ky. Rev. Stat. § 45A.235 (2026)

Action on contract claims or controversies

✓ current as of May 2026

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This section shall apply to a claim or controversy arising under contracts between the Commonwealth and its contractors. If such a claim or controversy is not resolved by mutual agreement, the secretary of the Finance and Administration Cabinet, or his designee, shall promptly issue a decision in writing. A copy of that decision shall be mailed or otherwise furnished to the contractor. The decision shall be final and conclusive unless fraudulent, or unless the contractor sues pursuant to KRS 45A.245. If the secretary of the Finance and Administration Cabinet does not issue a written decision within one hundred and twenty (120) days after written request for a final decision, or within such longer period as might be established by the parties to the contract in writing, then the contractor may proceed as if an adverse decision had been received. Effective: January 1, 1979 History: Created 1978 Ky. Acts ch. 110, sec. 47, effective January 1, 1979.

Notes of Decisions

Cited in 7 cases (2 in the last 5 years), 2003–2026 · leading case: Geupel Constr. Co. v. Commonwealth Transp. Cabinet, 136 S.W.3d 43 (Ky. Ct. App. 2003).

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Geupel Constr. Co. v. Commonwealth Transp. Cabinet, 136 S.W.3d 43 (Ky. Ct. App. 2003). “KRS 45A.235. Following an adverse decision, an aggrieved party may file a civil action on the contract against the Commonwealth in Franklin Circuit Court.”

Bd. of Educ. of Paris, Kentucky v. Jason Earlywine (Ky. 2025). · cites it 2× “” KRS 45A.235. Any person, firm or corporation, having a lawfully authorized written contract with the Commonwealth at the time of or after June 21, 1974, may bring an action against the Commonwealth on the contract, including but not limited to actions either for breach of…”

Jessica Saner v. Commonwealth of Kentucky, Cabinet for Health & Fam. Servs. (Ky. Ct. App. 2026). · cites it 2× “Therefore, we must consider the language in KRS 45A.235 providing that if a breach of contract claim against the Commonwealth “is not resolved by mutual agreement, the secretary of the Finance and Administration Cabinet, or his designee, shall promptly issue a -8- decision in…”

Frank Lassiter v. William M. Landrum, III, Sec'y of the Fin. & Admin. Cabinet (Ky. 2020). “”); KRS 45A.235 (This section shall apply to a claim or controversy arising under contracts between the Commonwealth and its contractors.”

Lettie Sexton, by & Through Her Authorized Rep., Appalachian Reg'l Healthcare, Inc. v. Commonwealth of Kentucky, Cabinet for Health & Fam. Servs. (Ky. 2018). “Fields “that the scope of appellate review of an interlocutory appeal of the trial court’s determination of the application of qualified official immunity is limited to the specific issue of whether the immunity was properly denied and 3 All parties now agree that the Court of…”

Coventry Health & Life Ins. Co. v. Lettie Sexton by & Through Her Authorized Rep., Appalachian Reg'l Healthcare, Inc. (Ky. 2018). “Fields “that the scope of appellate review of an interlocutory appeal of the trial court’s determination of the application of qualified official immunity is limited to the specific issue of whether the immunity was properly denied and 3 All parties now agree that the Court of…”

Commonwealth of Kentucky, Cabinet for Health & Fam. Servs., Dep't for Medicaid Servs. v. Lettie Sexton by & Through Her Authorized Rep., Appalachian Reg'l Healthcare, Inc. (Ky. 2018). “Fields “that the scope of appellate review of an interlocutory appeal of the trial court’s determination of the application of qualified official immunity is limited to the specific issue of whether the immunity was properly denied and 3 All parties now agree that the Court of…”

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