198B.130 Private action for damages -- Time limitation.
191 words·~1 min read·
/ky/chapter-198b/198b-130A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Notwithstanding any other remedies available, any person or party, in an individual
capacity or on behalf of a class of persons or parties, damaged as a result of a
violation of this chapter or the Uniform State Building Code, has a cause of action
in any court of competent jurisdiction against the person or party who committed
the violation. An award may include damages and the cost of litigation. If a
certificate of occupancy was not issued, then an award may also include reasonable
attorney's fees.
(2)Any action based upon a claim of violation of this section shall be brought within
one
(1)year of the date on which the damage is discovered or in the exercise of
reasonable diligence could have been discovered. However, in no event shall an
action be brought under this section more than ten
(10)years after the date of first
occupation or settlement date, whichever is sooner.
(3)Nothing in this section shall be construed to bar any common law liability of a
contractor or subcontractor or any right or cause of action against any contractor or
subcontractor created by any other statute.