In any action alleging defective building design, construction, materials, or supplies where the injury, death, or property damage occurs more than five (5) years after the date of completion of construction or incorporation of materials or supplies into the building, there shall be a presumption that the building was not defective in design, construction, materials, or supplies. This presumption may be overcome by a preponderance of the evidence to the contrary.
Effective: July 14, 1992

Terms Used In Kentucky Statutes 198B.135

  • Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
  • Building: means any combination of materials, whether portable or fixed,
    which comprises a structure or nonmine underground area affording facilities or shelter for any human occupancy, whether infrequent or regular, and also means single-family dwellings, including those sold or constructed under a trade or brand name. See Kentucky Statutes 198B.010
  • Construction: means the erection, fabrication, reconstruction, substantial alteration or conversion of a building, or the installation of equipment therein, but shall not include the ordinary repair of a building or structure. See Kentucky Statutes 198B.010
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

History: Created 1992 Ky. Acts ch. 154, sec. 1, effective July 14, 1992.

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