Kentucky Statutes 411.252 – Definitions for KRS 411.250 to 411.266
Current as of: 2024 | Check for updates
|
Other versions
As used in KRS § 411.250 to KRS § 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.
Effective: June 24, 2003
History: Created 2003 Ky. Acts ch. 123, sec. 1, effective June 24, 2003.
(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;
Terms Used In Kentucky Statutes 411.252
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Certified mail: means any method of governmental, commercial, or electronic delivery that allows a document or package to have proof of:
(a) Sending the document or package. See Kentucky Statutes 446.010 - Company: may extend and be applied to any corporation, company, person, partnership, joint stock company, or association. See Kentucky Statutes 446.010
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- Personal property: All property that is not real property.
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(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.
Effective: June 24, 2003
History: Created 2003 Ky. Acts ch. 123, sec. 1, effective June 24, 2003.