Ky. Rev. Stat. » Chapter 45A
Kentucky Revised Statutes

Ky. Rev. Stat. § 45A.245 (2026)

Action on contract -- Damages

✓ current as of May 2026
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(1) 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 contracts or for enforcement of contracts or for both. Any such action shall be brought in the Franklin Circuit Court and shall be tried by the court sitting without a jury. All defenses in law or equity, except the defense of governmental immunity, shall be preserved to the Commonwealth.

(2) If damages awarded on any contract claim under this section exceed the original amount of the contract, such excess shall be limited to an amount which is equal to the amount of the original contract. Effective: January 1, 1978 History: Repealed and reenacted as KRS 45A.245, 1978 Ky. Acts ch. 110, sec. 49, effective January 1, 1978. -- Amended 1976 Ky. Acts ch. 297, sec. 1. -- Created 1966 Ky. Acts ch. 180, sec. 2 (1st two sentences of 1st paragraph and 2nd paragraph). Formerly codified as KRS 44.270.

Notes of Decisions
Cited in 66 cases (29 in the last 5 years), 1980–2026 · leading case: Univ. of Louisville v. Rothstein, Mark, 532 S.W.3d 644 (Ky. 2017).
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Univ. of Louisville v. Rothstein, Mark, 532 S.W.3d 644 (Ky. 2017). · cites it 21× “The Court of Appeals found there was a written employment contract and that KRS 45A.245 clearly constituted an unequivocal waiver of immunity for such contract claims.”
Furtula v. Univ. of Kentucky, 438 S.W.3d 303 (Ky. 2014). · cites it 27× “1 Included within the provisions of KRS Chapter 45A, the Kentucky Model Procurement Code, is KRS 45A.245, by which the General Assembly has explicitly waived the defense of “governmental immunity” for claims based upon “lawfully authorized written contracts with the Commonwealth.”
Commonwealth v. Whitworth, 74 S.W.3d 695 (Ky. 2002). · cites it 8× “[5] KRS 45A.245: (1) 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…”
River City Fraternal Order of Police Lodge 614, Inc. v. Ky. Ret. Sys., 375 F. Supp. 3d 748 (E.D. Ky. 2019). · cites it 20× “KRS § 45A.245 (contracts with the State), KRS § 418.”
Conn v. Deskins, 238 F. Supp. 3d 924 (E.D. Ky. 2017). · cites it 8× “The reason being that Ky. Rev. Stat. § 45A.245 waives the Commonwealth’s immunity with respect to actions for breach of a “written contract with the Commonwealth.”
Univ. of Louisville v. RAM Eng'g & Constr., Inc., 199 S.W.3d 746 (Ky. Ct. App. 2005). · cites it 4× “We opine that KRS 45A.245 waives sovereign immunity in contract actions against the state with a cap on damages of twice the original contract price.”
Commonwealth v. Samaritan All., LLC, 439 S.W.3d 757 (Ky. Ct. App. 2014). · cites it 5× “The Court pointed out that KRS 45A.245 provides that any person, firm or corporation who has a written contract with the Commonwealth after 1974 may bring an action against the Commonwealth for breach or enforcement.”
Hon George W. Davis III v. Hon Thomas D. Wingate Judge, Franklin Circuit Court Div. II, 437 S.W.3d 720 (Ky. 2014). · cites it 2× “, KRS 45A.245(1) ("Any such action shall be brought in the Franklin Circuit Court and shall be tried by the court sitting without a jury.”
Louisville Arena Auth., Inc. v. RAM Eng'g & Constr., Inc., 415 S.W.3d 671 (Ky. Ct. App. 2013). · cites it 3× “By enacting KRS 45A.245, the General Assembly waived immunity for contract actions involving the Commonwealth and its agencies.”
Kentucky Employees Ret. Sys. v. Seven Counties Servs., Inc., 550 B.R. 741 (W.D. Ky. 2016). · cites it 2× “Regardless, KERS’s argument that Ky. Rev. Stat. § 45A.245(1) requires contracts with the Commonwealth to be in writing is unavailing.”
Chase Home for Child. v. New Hampshire Div. for Child., Youth & Families, 34 A.3d 1195 (N.H. 2011). · cites it 2× “250 (Lexis 2010); Ky. Rev. Stat. Ann. § 45A.245 (Michie 2007); Md.”
Univ. of Ky. v. Davis, 551 S.W.3d 443 (Ky. Ct. App. 2017). · cites it 3× “Davis's case was assigned to Division I and Taylor's case was assigned to Division II of the Franklin Circuit Court.”
Show all 66 citing cases →
— Ky. Rev. Stat. § 45A.245(1) — 42 cases
Univ. of Louisville v. Rothstein, Mark, 532 S.W.3d 644 (Ky. 2017). “The Court of Appeals found there was a written employment contract and that KRS 45A.245 clearly constituted an unequivocal waiver of immunity for such contract claims.”
Commonwealth v. Whitworth, 74 S.W.3d 695 (Ky. 2002). “[5] KRS 45A.245: (1) 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…”
River City Fraternal Order of Police Lodge 614, Inc. v. Ky. Ret. Sys., 375 F. Supp. 3d 748 (E.D. Ky. 2019). “KRS § 45A.245 (contracts with the State), KRS § 418.”
Furtula v. Univ. of Kentucky, 438 S.W.3d 303 (Ky. 2014). “1 Included within the provisions of KRS Chapter 45A, the Kentucky Model Procurement Code, is KRS 45A.245, by which the General Assembly has explicitly waived the defense of “governmental immunity” for claims based upon “lawfully authorized written contracts with the Commonwealth.”
Kentucky Employees Ret. Sys. v. Seven Counties Servs., Inc., 550 B.R. 741 (W.D. Ky. 2016). “Regardless, KERS’s argument that Ky. Rev. Stat. § 45A.245(1) requires contracts with the Commonwealth to be in writing is unavailing.”
— Ky. Rev. Stat. § 45A.245(2) — 5 cases
Univ. of Louisville v. Rothstein, Mark, 532 S.W.3d 644 (Ky. 2017). “The Court of Appeals found there was a written employment contract and that KRS 45A.245 clearly constituted an unequivocal waiver of immunity for such contract claims.”
Univ. of Louisville v. RAM Eng'g & Constr., Inc., 199 S.W.3d 746 (Ky. Ct. App. 2005). “We opine that KRS 45A.245 waives sovereign immunity in contract actions against the state with a cap on damages of twice the original contract price.”
River City Fraternal Order v. Ky. Ret. Sys. (6th Cir. 2021).
Univ. of Louisville v. Rothstein, Mark (Ky. 2017).
Greenup Cnty. Bd. of Educ. v. Luther Grizzle (Ky. Ct. App. 2022).
— Ky. Rev. Stat. § 45A.245(a) — 1 case
Kentucky Employees Ret. Sys. v. Seven Counties Servs., Inc. (In re Seven Counties Servs., Inc.), 511 B.R. 431 (Bankr. W.D. Ky. 2014).
— Ky. Rev. Stat. § 45A.245(i) — 1 case
Hon George W. Davis III v. Hon Thomas D. Wingate Judge, Franklin Circuit Court Div. II, 437 S.W.3d 720 (Ky. 2014). “, KRS 45A.245(1) ("Any such action shall be brought in the Franklin Circuit Court and shall be tried by the court sitting without a jury.”
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