In any action to enforce KRS 371.400 to 371.425, including arbitration, the court or arbitrator shall award costs and reasonable attorney's fees to the prevailing party if the losing party is deemed to have acted in bad faith. For public construction contracts, recovery of attorney's fees under this section shall be limited to the public contract rate for attorney's fees. Venue of such an action shall be within the Commonwealth of Kentucky.
KRS 371.415
Award of costs and attorney's fees in action to enforce KRS 371.400 to 371.425
Known as the Kentucky Fairness in Construction Act
The act spans §§ 371–371 (45 sections).
Applied in 1 court decision — leading case D. W. Wilburn, Inc. v. Painting Co. (2019)
Most recently applied in D. W. Wilburn, Inc. v. Painting Co. (April 2019)
Effective: June 26, 2007 History: Created 2007 Ky
Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.