(1) Any claim arising from a construction contract executed and administered by the
Transportation Cabinet pursuant to the provisions of KRS Chapters 175, 176, 177
and 180 shall be commenced in Franklin Circuit Court within one (1) year from the
time the Commonwealth has determined final pay quantities and issues a final pay
estimate to the contracting party, notifying him of its final determination, or from
the receipt of a final adverse decision from the Commonwealth, whichever occurs
later.
(2) Any other claim shall be commenced in Franklin Circuit Court within one (1) year
from the date of completion specified in the contract.
Effective: July 13, 1984
History: Amended 1984 Ky. Acts ch. 354, sec. 1, effective July 13, 1984. -- Repealed
and reenacted as KRS 45A.260, 1978 Ky. Acts ch. 110, sec. 52, effective January 1,
1979. -- Amended 1974 Ky. Acts ch. 181, sec. 5. -- Created 1966 Ky. Acts ch. 180,
sec. 6.
Formerly codified as KRS 44.310.
Notes of Decisions
Kovachevich v. Univ. of Louisville, 597 S.W.2d 621 (Ky. Ct. App. 1980).
“245 (the former being repealed effective January 1, 1979), for KRS 45A.260 provides for the same one year limitations on contract suits as did KRS 44.”
Jasper Contracting Co. v. Commonwealth, 890 S.W.2d 296 (Ky. Ct. App. 1994).
· cites it 7× “Jasper sued the Commonwealth for breach of contract, and the action was dismissed as barred by the statute of limitations, found at KRS 45A.260. On June 3, 1991, Jasper was awarded a contract by the Finance and Administration *297 Cabinet (Finance) to perform work on Locks five…”
Viwin Tech Windows & Doors, Inc. v. Mark E. Ivey (Ky. 2021).
· cites it 6× “Britt filed her suit outside of the one-year limitations period set by KRS 45A.260. After multiple hearings, the Franklin Circuit Court denied the University’s motion for summary judgment.”
Univ. of Kentucky v. Peter Regard (Ky. Ct. App. 2022).
“Britt had not filed her suit within one year of the completion date of her last written contract as required by KRS 45A.260(2). Britt, 628 S.W.3d at 9. -25- payment of tuition and fees for the 2020 Spring Semester.”
Cunningham v. Blackwell (E.D. Ky. 2021).
“] Under KRS 45A.260, any contract claim against the Commonwealth “shall be commenced […] within one (1) year from the date of completion specified in the contract.”
Shehata v. Blackwell (E.D. Ky. 2021).
“] Under KRS 45A.260, any contract claim against the Commonwealth “shall be commenced […] within one (1) year from the date of completion specified in the contract.”
— Ky. Rev. Stat. § 45A.260(2) — 3 cases
Viwin Tech Windows & Doors, Inc. v. Mark E. Ivey (Ky. 2021).
“Britt filed her suit outside of the one-year limitations period set by KRS 45A.260. After multiple hearings, the Franklin Circuit Court denied the University’s motion for summary judgment.”
Jasper Contracting Co. v. Commonwealth, 890 S.W.2d 296 (Ky. Ct. App. 1994).
“Jasper sued the Commonwealth for breach of contract, and the action was dismissed as barred by the statute of limitations, found at KRS 45A.260. On June 3, 1991, Jasper was awarded a contract by the Finance and Administration *297 Cabinet (Finance) to perform work on Locks five…”
Univ. of Kentucky v. Peter Regard (Ky. Ct. App. 2022).
“Britt had not filed her suit within one year of the completion date of her last written contract as required by KRS 45A.260(2). Britt, 628 S.W.3d at 9. -25- payment of tuition and fees for the 2020 Spring Semester.”
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