411.260 Notice of construction professional's right to offer to cure defects before

211 words·~1 min read·/ky/411-260

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

commencement of litigation -- Action not barred if homeowner is not given

notice.

(1)The construction professional shall provide notice to each homeowner, upon

entering into a contract for the construction of a residence, of the construction

professional's right to offer to cure construction defects before a homeowner may

commence litigation against the construction professional. The notice shall be

conspicuous and may be included as part of the underlying contract signed by the

homeowner.

(2)The notice required by this section shall be in substantially the following form:

"SECTIONS 411.250 TO 411.260 OF THE KENTUCKY REVISED STATUTES

CONTAIN IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE

YOU MAY FILE A LAWSUIT FOR DEFECTIVE CONSTRUCTION AGAINST

THE BUILDER OF YOUR HOME. YOU MUST DELIVER TO THE BUILDER A

WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE

ARE DEFECTIVE AND PROVIDE YOUR BUILDER THE OPPORTUNITY TO

MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS. YOU ARE NOT

OBLIGATED TO ACCEPT ANY OFFER MADE BY THE BUILDER. THERE

ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND

FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A

LAWSUIT."

(3)KRS 411.250 to 411.266 shall not preclude or bar any action if notice is not given

to the homeowner as required by this section.