Construction Law: Kentucky Fairness in Construction Kentucky Act

As of July 1, 2007, construction in Kentucky should now be “fair.”  The Kentucky Governor followed several other states and signed into law the Kentucky Fairness in Construction Act, KRS 371.400 et seq. (“the Act”) to “level the playing field” between contractors and Owner.  While an ambitious effort, it remains to be seen whether this law will accomplish its objective.  Because there are many in Indiana interested by the sound of codified “fairness,” this article addresses the efforts by our neighbors to the south.