KRS 411.256: Circumstances under which construction professional is liable.

In a claim to recover damages resulting from a construction defect, a construction

professional is liable for his or her acts or omissions or the acts or omissions of his or her

agents, employees, or subcontractors and is not liable for any damages caused by:

(1) The acts or omissions of a person other than the construction professional or his or

her agent, employee, or subcontractor;

(2) The failure of a person other than the construction professional or his or her agent,

employee, or subcontractor to take reasonable action to reduce the damages or

maintain the residence;

(3) Normal wear, tear, or deterioration;

(4) Normal shrinkage, swelling, expansion, or settlement; or

(5) Any construction defect disclosed to a claimant before his or her purchase of the

residence, if the disclosure was provided in writing and in language that is

understandable and was signed by the claimant.