Lobbying Affiliate: MML&K Government Solutions

Victory for the Construction Industry: Kentucky Court of Appeals holds opinion on statue of limitations

September 22, 2017

In a major victory for the construction industry, the Kentucky Court of Appeals has issued its opinion in Carolyn Breedlove v. Smith Custom Homes, Inc. et al. The opinion addressed a number of issues, including applicability of two statutes of limitation that affect homebuilders’ potential liability for alleged construction defects and/or building code violations, KRS 413.120(13) and KRS 198B.130(2). 

The Court affirmed the lower court’s enforcement and held that the homeowner’s claims against the construction company and its owner were barred by the statutes due to the time between project completion and claim filing. The Court distinguished the present case from an earlier ruling that held KRS 413.120(13) unconstitutional as to personal injuries arising from “latent” defects in construction and/or design, meaning defects that are not easily recognizable by a reasonable person. Instead, the Court agreed with the lower court’s finding that the alleged defect at issue in this case was “non-latent” (meaning easily identified as a risk) and that accordingly the earlier ruling did not apply. 

The Court’s holding is significant for the construction industry in that the five-year statute of limitation on claims arising from defective construction and/or design is enforceable as to “non-latent” defects. 

Additionally, with regard to alleged building code violations, the Court determined that the type of injury being alleged (i.e. whether personal injury or property damage) is irrelevant to application of KRS 198B.130(2).

The Court’s rulings regarding the enforceability of these statues will likely have far-reaching effects on how construction defect and design cases are litigated in Kentucky in the future.  Homebuilders now have protection against stale claims asserted well-beyond completion of their work.   As long-time advocates for the construction industry, McBrayer attorneys Jon Woodall, Brendan Yates and Jason Hollon are pleased with this result for their clients. 

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