COMMONWEALTH OF KENTUCKY
[___] CIRCUIT COURT
[___] DIVISION
CIVIL ACTION NO. _____
[PLAINTIFF ENTITY/INDIVIDUAL NAME],
Plaintiff,
v.
[DEFENDANT ENTITY/INDIVIDUAL NAME],
Defendant.
COMPLAINT FOR BREACH OF CONTRACT
[// GUIDANCE: Drafted to comply with Ky. R. Civ. P. 8–12 and local practice. Customize bracketed text, remove guidance comments before filing.]
TABLE OF CONTENTS
- Parties, Jurisdiction, and Venue
- Facts Common to All Claims
- Count I – Breach of Contract
- Damages
- Conditions Precedent & Notice of Default
- Prayer for Relief
- Jury Demand (Optional)
- Verification (Optional)
- Signature Block (CR 11 Certification)
- Certificate of Service
1. PARTIES, JURISDICTION, AND VENUE
1.1 Plaintiff. [PLAINTIFF NAME] (“Plaintiff”) is a [corporation/LLC/individual] organized under the laws of [STATE] with its principal place of business at [ADDRESS].
1.2 Defendant. [DEFENDANT NAME] (“Defendant”) is a [corporation/LLC/individual] organized under the laws of [STATE] with its principal place of business at [ADDRESS]. Defendant may be served pursuant to Ky. R. Civ. P. 4.04 by serving its registered agent:
Name: [REGISTERED AGENT]
Address: [ADDRESS].
1.3 Jurisdiction. This Court has subject-matter jurisdiction under Ky. Const. § 112(5) and Ky. Rev. Stat. § 23A.010 because the amount in controversy exceeds the minimum jurisdictional threshold and involves a civil action for damages arising under state contract law.
1.4 Venue. Venue is proper in this County under Ky. R. Civ. P. 3.01 because (a) Defendant resides in this County, (b) the contract was to be performed in this County, and/or (c) the cause of action arose here.
2. FACTS COMMON TO ALL CLAIMS
2.1 Contract Formation. On or about [DATE], Plaintiff and Defendant entered into a written agreement titled “[CONTRACT TITLE]” (the “Agreement”). A true and correct copy is attached as Exhibit A.
2.2 Key Terms. Under the Agreement:
(a) Plaintiff agreed to [summarize duties].
(b) Defendant agreed to [summarize duties].
(c) Payment Terms. Defendant agreed to pay Plaintiff [AMOUNT] within [NUMBER] days of [trigger].
(d) Governing Law. The Agreement is governed by Kentucky law.
2.3 Plaintiff’s Performance. Plaintiff fully performed, or was ready, willing, and able to perform, all obligations under the Agreement and all conditions precedent to Defendant’s performance occurred.
2.4 Defendant’s Breach. Beginning on or about [DATE], Defendant failed to [specific breach—e.g., remit payment of $___].
2.5 Notice and Opportunity to Cure. On [DATE], Plaintiff gave written notice of default pursuant to Section [__] of the Agreement. Defendant failed to cure within the contractual [NUMBER]-day cure period.
2.6 Damages. As a direct and proximate result of Defendant’s breach, Plaintiff has suffered monetary damages in excess of $[___], exclusive of prejudgment interest, attorney fees, and costs.
3. COUNT I – BREACH OF CONTRACT
3.1 Plaintiff realleges and incorporates Paragraphs 1.1 through 2.6 as though fully set forth herein.
3.2 Existence of Contract. The Agreement constitutes a valid, enforceable contract between Plaintiff and Defendant.
3.3 Plaintiff’s Performance. Plaintiff performed every material obligation required of it under the Agreement.
3.4 Defendant’s Breach. Defendant materially breached the Agreement by [describe breach].
3.5 Damages. Plaintiff has been damaged in an amount to be proven at trial, but not less than $[___].
3.6 Interest and Fees. Pursuant to Section [__] of the Agreement and KRS 360.010, Plaintiff is entitled to prejudgment interest at the statutory rate and to recover all reasonable attorney fees and costs incurred.
4. DAMAGES
4.1 Compensatory Damages: $[___] plus continuing damages.
4.2 Prejudgment and Post-Judgment Interest: At the contractual or statutory rate from the date of breach until paid.
4.3 Attorney Fees and Costs: All amounts reasonably incurred under the Agreement and Ky. R. Civ. P. 54.04.
4.4 Injunctive Relief: If monetary damages are inadequate, Plaintiff requests specific performance and/or temporary and permanent injunctive relief compelling Defendant to [specific performance].
5. CONDITIONS PRECEDENT & NOTICE OF DEFAULT
All conditions precedent to the maintenance of this action have occurred, been performed, or have been waived. Plaintiff provided Defendant with written notice of default and an opportunity to cure consistent with the Agreement. Defendant failed to cure.
6. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant as follows:
A. Awarding compensatory damages in an amount to be proven at trial but not less than $[___];
B. Awarding prejudgment and post-judgment interest;
C. Awarding reasonable attorney fees and costs;
D. Granting specific performance and/or injunctive relief as justice requires;
E. Awarding such other and further relief as the Court deems just and proper.
7. JURY DEMAND (Optional)
Pursuant to Ky. Const. § 7 and Ky. R. Civ. P. 38.01, Plaintiff demands a trial by jury on all issues so triable.
[// GUIDANCE: Delete if the contract contains an enforceable jury-trial waiver or client prefers bench trial.]
8. VERIFICATION (Optional)
I, [NAME], [TITLE] of Plaintiff, state that I have read the foregoing Complaint, know the contents thereof, and that the matters and allegations contained therein are true to the best of my knowledge, information, and belief.
[NAME], [TITLE]
Subscribed and sworn before me on this ___ day of ____, 20__.
Notary Public, State at Large, Kentucky
My commission expires: ____
[// GUIDANCE: Verification is not generally required in Kentucky contract actions but may be advantageous for evidentiary purposes.]
9. SIGNATURE BLOCK (CR 11 CERTIFICATION)
Respectfully submitted,
[ATTORNEY NAME] (KBA #__)
[LAW FIRM NAME]
[STREET ADDRESS]
[CITY, STATE ZIP]
[T] [PHONE] | [F] [FAX]
[E] [EMAIL]
Counsel for Plaintiff
Pursuant to Ky. R. Civ. P. 11, the undersigned certifies that he/she has read the foregoing and that, to the best of his/her knowledge, information, and belief formed after reasonable inquiry, it is well-grounded in fact and warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law.
10. CERTIFICATE OF SERVICE
I hereby certify that on this ___ day of ____, 20__, I served the foregoing Complaint via [method—e.g., U.S. Mail, certified mail, return receipt requested] upon:
[DEFENSE COUNSEL NAME (if known)]
[ADDRESS]
Counsel for Plaintiff
[// GUIDANCE: Service of the summons and complaint must comply with Ky. R. Civ. P. 4 et seq. Complete the clerk-issued summons and tender appropriate fees concurrently with filing.]
[END OF TEMPLATE]
[// GUIDANCE:
1. Discovery Limits – Kentucky follows proportionality (Ky. R. Civ. P. 26.02). For actions under $50,000, consider CR 1A expedited track; adjust ad damnum accordingly.
2. Pleading Requirements – CR 8 requires a “short and plain statement”; the above exceeds the minimum for clarity and leverage.
3. Amendments – Pre-answer amendments allowed once as of right within 20 days (CR 15.01). Plan strategically for potential amendments.
4. Risk Management – If contract contains arbitration or forum-selection clauses inconsistent with state court, assess and address via alternative counts (e.g., declaratory judgment) or attach motion to stay arbitration.
5. Remove all bracketed placeholders and guidance comments prior to filing.]