{"data":{"id":"us-ky/krs-411.258","jurisdiction":"us-ky","citation":"KRS 411.258","heading":"Written notice of claim to be served on construction professional in","body":"construction defect action -- Offer to remedy or settle -- Acceptance or\nrejection of offer -- Commencement of action -- Notice of claim tolls statute of\nlimitations.\n(1) In every construction defect action brought against a construction professional, the\nclaimant shall serve written notice of claim on the construction professional. The\nnotice of claim shall state that the claimant asserts a construction defect claim\nagainst the const ruction professional and shall describe the claim in reasonable\ndetail sufficient to determine the general nature of the defect.\n(2) Within twenty-one (21) days after service of the notice of claim, the construction\nprofessional shall serve a written respo nse on the claimant by registered mail or\npersonal service. The written response shall:\n(a) Propose to inspect the residence that is the subject of the claim and to\ncomplete the inspection within a specified time frame. The proposal shall\ninclude the state ment that the construction professional shall, based on the\ninspection, offer to remedy the defect, compromise by payment, or dispute the\nclaim;\n(b) Offer to compromise and settle the claim by monetary payment without\ninspection. A construction professiona l's offer under this paragraph to\ncompromise and settle a homeowner's claim may include but is not limited to\nan express offer to purchase the claimant's residence that is the subject of the\nclaim, and to pay the claimant's reasonable relocation costs; or\n(c) State that the construction professional disputes the claim and will neither\nremedy the construction defect nor compromise and settle the claim.\n(3) (a) If the construction professional disputes the claim or does not respond to the\nclaimant's notice of  claim within the time stated in subsection (2) of this\nsection, then the claimant may bring an action against the construction\nprofessional for the claim described in the notice of claim without further\nnotice.\n(b) If the claimant rejects the inspection p roposal or the settlement offer made by\nthe construction professional pursuant to subsection (2) of this section, then\nthe claimant shall serve written notice of the claimant's rejection on the\nconstruction professional. After service of the rejection, the  claimant may\nbring an action against the construction professional for the construction\ndefect claim described in the notice of claim. If the construction professional\nhas not received from the claimant, within thirty (30) days after the claimant's\nreceipt of the construction professional's response, either an acceptance or a\nrejection of the inspection proposal or settlement offer, then at any time\nthereafter the construction professional may terminate the proposal or offer by\nserving written notice to th e claimant, and the claimant may thereafter bring\nan action against the construction professional for the construction defect\nclaim described in the notice of claim.\n(4) (a) If the claimant elects to allow the construction professional to inspect in\naccordance with the construction professional's proposal pursuant to\nsubsection (2)(a) of this section, then the claimant shall provide the\nconstruction professional and its contractors or other agents reasonable access\nto the claimant's residence during normal working hours to inspect the\npremises and the claimed defect.\n(b) Within fourteen (14) days following completion of the inspection, the\nconstruction professional shall serve on the claimant:\n1. A written offer to remedy the construction defect at no cost t o the\nclaimant, including a report of the scope of the inspection, the findings\nand results of the inspection, a description of the additional construction\nnecessary to remedy the defect described in the claim, and a timetable\nfor the completion of this construction; or\n2. A written offer to compromise and settle the claim by monetary payment\npursuant to subsection (2)(b) of this section; or\n3. A written statement that the construction professional will not proceed\nfurther to remedy the defect.\nThe claimant shall have the right to accept or reject the proposed construction defect\ncorrection, or the monetary offer to settle the claim.\n(c) If the construction professional does not proceed further to remedy the\nconstruction defect within the agreed timetable, or if the construction\nprofessional fails to comply with the provisions of paragraph (b) of this\nsubsection, then the claimant may bring an action against the construction\nprofessional for the claim described in the notice of claim without furth er\nnotice.\n(d) If the claimant rejects the offer made by the construction professional pursuant\nto paragraph (b)1. or 2. of this subsection to either remedy the construction\ndefect or to compromise and settle the claim by monetary payment, then the\nclaimant shall serve written notice of the claimant's rejection on the\nconstruction professional. After service of the rejection notice, the claimant\nmay bring an action against the construction professional for the construction\ndefect claim described in the noti ce of claim. If the construction professional\nhas not received from the claimant, within thirty (30) days after the claimant's\nreceipt of the construction professional's response, either an acceptance or a\nrejection of the offer made pursuant to paragraph (b)1. or 2. of this subsection,\nthen at any time thereafter the construction professional may terminate the\noffer by serving written notice to the claimant.\n(5) (a) Any claimant accepting the offer of a construction professional to remedy the\nconstruction defect pursuant to subsection (4)(b)1. of this section shall do so\nby serving the construction professional with a written notice of acceptance\nwithin a reasonable time period after receipt of the offer, and no later than\nthirty (30) days after receipt of the offer. The claimant shall provide the\nconstruction professional and its contractors or other agents reasonable access\nto the claimant's residence during normal working hours to perform and\ncomplete the construction by the timetable stated in the offer.\n(b) The claimant and construction professional may, by written mutual agreement,\nalter the extent of construction or the timetable for completion of construction\nstated in the offer, including but not limited to repair of additional defects.\n(6) If a clai mant files a complaint, counterclaim, or cross -claim prior to meeting the\nrequirements of this section, then the court may issue an order holding the action in\nabeyance until the parties comply with this section.\n(7) Nothing in this section may be construe d to prevent a claimant from commencing\nan action on the construction defect claim described in the notice of claim if the\nconstruction professional fails to perform the construction agreed upon, fails to\nremedy the defect, or fails to perform by the timet able agreed upon pursuant to\nsubsection (2)(a) or (5) of this section.\n(8) The service of an amended notice of claim shall relate back to the original notice of\nclaim for purposes of tolling statutes of limitations and repose.","path":["KRS Chapter 411"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=17797","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:35Z","sha256":"676d2cac41b20b98fb68720def3ec89965dc48863293b27bc108ba942476af81","source_id":"us-ky","stale":false,"prev":"us-ky/krs-411.256","next":"us-ky/krs-411.260"},"notice":"GroundRules: Original legal text. Not legal advice."}