This section shall apply to a claim or controversy arising under contracts between the Commonwealth and its contractors. If such a claim or controversy is not resolved by mutual agreement, the secretary of the Finance and Administration Cabinet, or his designee, shall promptly issue a decision in writing. A copy of that decision shall be mailed or otherwise furnished to the contractor. The decision shall be final and conclusive unless fraudulent, or unless the contractor sues pursuant to KRS 45A.245. If the secretary of the Finance and Administration Cabinet does not issue a written decision within one hundred and twenty (120) days after written request for a final decision, or within such longer period as might be established by the parties to the contract in writing, then the contractor may proceed as if an adverse decision had been received.
KRS 45A.235
Action on contract claims or controversies
Known as the Kentucky Model Procurement Code
The act spans §§ 45–45 (195 sections).
Applied in 2 court decisions — leading case Geupel Construction Co. v. Commonwealth Transportation Cabinet (2003)
Most recently applied in Commonwealth v. Sexton (September 2018)
Effective: January 1, 1979 History: Created 1978 Ky
Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.