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.
KRS 198B.135
Presumption regarding defectiveness of building design, construction, materials, or supplies where injury, death, or damage occurs more than five years after completion or incorporation
Known as the Heating, Ventilation, and Air Conditioning Contractors' Act
The act spans §§ 198–198 (145 sections).
Effective: July 14, 1992 History: Created 1992 Ky
Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.