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Request By:

Mr. Mike Reardon
Chrisman Miller Woodward Inc.
326 South Broadway
Lexington, Kentucky 40508

Opinion

Opinion By: Frederic J. Cowan, Attorney General; Rosemary F. Center, Assistant Attorney General

This is in response to your recent letter in which you request an opinion relating to Senate Bill 269 (codified as KRS 371.160). You ask the following questions:

1. Does the bill apply to all private jobs excluding those in which the Commonwealth is the owner, thus requiring implementation into general contract law; and

2. If this bill affects all contract construction law, then is it retroactive towards all construction projects in progress.

In response to your first question, KRS 371.160 requires that retained amounts by owners be placed in escrow in any contract for the improvement of real estate involving an amount of five hundred thousand dollars ($ 500,000) or more. Subsection (7) excludes contracts with the Commonwealth or school boards from the provisions of the statute.

In response to your second question, a statute will not be given retroactive effect unless the intent is clearly stated. (See OAG 82-195 which is enclosed for your convenience.) Section 19 of the Kentucky Constitution also expressly prohibits a change in the obligation of a contract. Therefore, we believe that this statute is applicable to contracts excluding those with the Commonwealth and school boards which were entered into on and subsequent to the effective date of the statute which in this case was July 13, 1990.

Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Type:
Opinion
Lexis Citation:
1991 Ky. AG LEXIS 40
Cites:
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