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198B.130 Private action for damages -- Time limitation.

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198B.130 Private action for damages -- Time limitation. (1) Notwithstanding any other remedies available, any person or party, in an individual capacity or on behalf of a class of persons or parties, damaged as a result of a <br>violation of this chapter or the Uniform State Building Code, has a cause of action <br>in any court of competent jurisdiction against the person or party who committed <br>the violation. An award may include damages and the cost of litigation, including <br>reasonable attorney's fees. (2) Any action based upon a claim of violation of this section shall be brought within one (1) year of the date on which the damage is discovered or in the exercise of <br>reasonable diligence could have been discovered. However, in no event shall an <br>action be brought under this section more than ten (10) years after the date of first <br>occupation or settlement date, whichever is sooner. (3) Nothing in this section shall be construed to bar any common law liability of a contractor or subcontractor or any right or cause of action against any contractor or <br>subcontractor created by any other statute. Effective: July 15, 1998 <br>History: Amended 1998 Ky. Acts ch. 445, sec. 1, effective July 15, 1998. -- Created 1978 Ky. Acts ch. 117, sec. 13, effective June 17, 1978.