Kentucky · Construction-defect rights
Here is what you have, and here is how to keep it.
Kentucky's construction repose statute, KRS 413.135 (seven years from substantial completion), was held unconstitutional in Perkins v. Northeastern Log Homes, 808 S.W.2d 809 (Ky. 1991): the court found it "constitutionally defective as special legislation" and in conflict with Sections 14, 54 and 241 of the Kentucky Constitution. Two readings exist. One is that the statute is void for every claim. The other is that the holding reaches principally injury and death claims - the subject of Sections 14, 54 and 241 - leaving its effect on a property-damage defect claim less settled. We rely on the first and do not publish seven years as a deadline. That does not mean there is no time limit: the ordinary limitation periods still run, so ask a Kentucky attorney before assuming you have time.
What you have
Kentucky's construction repose statute, KRS 413.135 (seven years from substantial completion), was held unconstitutional in Perkins v. Northeastern Log Homes, 808 S.W.2d 809 (Ky. 1991): the court found it "constitutionally defective as special legislation" and in conflict with Sections 14, 54 and 241 of the Kentucky Constitution. Two readings exist. One is that the statute is void for every claim. The other is that the holding reaches principally injury and death claims - the subject of Sections 14, 54 and 241 - leaving its effect on a property-damage defect claim less settled. We rely on the first and do not publish seven years as a deadline. That does not mean there is no time limit: the ordinary limitation periods still run, so ask a Kentucky attorney before assuming you have time.
The deadline
Kentucky has no general statute of repose for construction
KRS 413.135 - declared unconstitutional, Perkins v. Northeastern Log Homes, 808 S.W.2d 809 (Ky. 1991)
STRUCK DOWN, TWO READINGS. Perkins v. Northeastern Log Homes, 808 S.W.2d 809 (Ky. 1991) held KRS 413.135 "constitutionally defective as special legislation" and in conflict with Ky. Const. Sections 14, 54 and 241 (the opinion as reproduced at Justia, read 2026-10-04; corroborated by CourtListener and 943 F.2d 52). Reading 1 (relied on): void for every claim. Reading 2: principally injury and death claims, leaving property-damage defect claims less settled. Ordinary limitation periods still run.
“No action to recover damages ... shall be brought against any person after the expiration of seven (7) years following the substantial completion of such improvement.”
Before you sue: We have not yet confirmed whether Kentucky requires written notice to the builder before a lawsuit. Some states do, and skipping it can get a case stayed or dismissed. Ask a Kentucky attorney before filing.
What to do now
Write it down the day you notice it. Photograph it with something for scale. Note the date, the room, and what you saw. If it gets worse, photograph it again - a sequence is far stronger than one picture. Keep every message with the builder. You are not starting a fight; you are keeping the option open. Some states require written notice to the builder before you can sue. We have not confirmed whether Kentucky does, so check with a licensed attorney before filing. A record made at the time is what most people are missing later.
The same defect, a different answer next door
The construction-defect deadline is a state-by-state accident of geography. The identical crack in the identical house can be dead in one state and live in another.