411.252 Definitions for KRS 411.250 to 411.266.

234 words·~1 min read·/ky/chapter-411/411-252

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

As used in KRS 411.250 to 411.266, unless the context otherwise requires:

(1)"Action" means any civil lawsuit or action in contract or tort for damages or

indemnity brought against a construction professional to assert a claim, whether by

complaint, counterclaim, or cross-claim, for damage or the loss of use of real or

personal property caused by a defect in the construction of a residence. "Action"

does not include any civil action in tort alleging personal injury or wrongful death to

a person or persons resulting from a construction defect;

(2)"Claimant" means a homeowner who asserts a claim against a construction

professional concerning a defect in the construction of a residence;

(3)"Construction professional" means a builder;

(4)"Homeowner" means any person, company, firm, partnership, corporation,

association, or other entity that contracts with a construction professional for the

construction of a residence. "Homeowner" includes but is not limited to a

subsequent purchaser of a residence from any homeowner;

(5)"Residence" means a single-family house, duplex, triplex, or quadraplex, or a unit

in a multiunit residential structure in which title to each individual unit is

transferred to the owner under a condominium regime as established in KRS

381.815 and shall include general common elements and limited common elements

as defined in KRS 381.810; and

(6)"Serve" or "service" means personal service or delivery by certified mail to the last

known address of the addressee.