Our Guide to Preliens, Waivers, Mechanic's Liens, and Bond Claims in Kentucky
Kentucky
Questions? Contact Us
This is an overview of the state's statutory approach to lien law and what contractors might want to focus on to ensure lien rights are established timely, correctly, and effectively.
While we are happy to provide this guide as a quick reference, we HIGHLY encourage that you work with a construction attorney to help you with your particular circumstances in our complex construction lien law environment.
Kentucky Quick Overview
| Pursuant Code | KY Rev. Stat. Ann. §§ 376.010 et seq. | |
| Prelien Required for Private/Commercial Projects | Yes | |
| Prelien Required for Public Projects | Yes | |
| KY Statutory Relief | Full Price | |
| Lien Milestone Event | ||
| Lien Enforcement Deadline | 6 months to 1 year | |
| Waivable Lien Rights | No | |
| Supplier to Supplier Rights | Likely No | |
| Prelien Document Name(s) | Notice to Owner | |
| Prelien Minimum Information | The amount due, a property description, the name of the owner, whether work/material was done under contract with the owner or another party, and the claimant's name and address. | |
| Prelien Minimum Notifications | Owner | |
| Prelien Recording Requirement | No | |
| Prelien Notarized | No |
Understanding the Prelien Process on Construction Projects in Kentucky by Role
Prime contractors are not required to send a preliminary notice. Subcontractors and material suppliers must send notice to the owner to preserve lien rights on contracts under $1,000 or involving owner-occupied dwellings.
Possible Exceptions, Special Circumstances, and Caveats in Kentucky
Owner Occupied Residential: Yes, notice must be given within 75 days for owner-occupied dwellings.
Residential: Yes, notice is required for owner-occupied residential property.
Mechanic's Liens in Kentucky
In Kentucky, a Statement of Lien must be filed within 6 months after the last furnishing of labor or materials. For contracts over $1,000 or for owner-occupied dwellings, notice to the owner is required within 75 or 120 days depending on contract size. For all other liens, notice must be given within 7 days of filing. An action to enforce the lien must be brought within 12 months of the filing date.
Bond Claims in Kentucky
Public works bond claims in Kentucky are governed by KRS § 376.210 et seq. Claimants must file a lawsuit to recover unpaid amounts under the bond within 6 months from the last date of labor or material furnishing. There is no statutory preliminary notice required on public projects, but contractors should request a copy of the payment bond to confirm terms.
Construction Lien Waivers in Kentucky
Required Format: Kentucky does not require any specific statutorily required verbiage to be valid but be sure to check with your constuction attorney and consult any relevant state statutes.
Required Notarization: Kentucky does not require waivers to be notarized.
Kentucky law does not mandate statutory waiver forms. Lien waivers are generally governed by contract. Conditional and unconditional waivers may be enforceable depending on context.
Learn more about waivers here, including the when and how to use various types of waivers, the difference between a Lien Waiver and a Lien Release, what to look for before signing, and more.
- As a client, you'll have free access to our system that easily creates statutorily correct lien waivers.
- Through our technology partner Prelien Pro, you can also access best-in-class lien waiver management software, allowing you to easily track, collaborate, and share lien waivers with all your trade partners.
Assessors' websites in Kentucky counties
Most often, the county Assessor's office is the 'go-to' resource for finding online lien-related information for construction project parcels, including ownership records, special warranty deeds, and more. Counties that we've not yet found online (those with '*') link to a Google search for your convenience.
Other Important Construction Links in Kentucky
Frequently Asked Questions (FAQs) on Kentucky Lien Processes for Contractors
Do I need to send a preliminary notice in Kentucky to preserve lien rights?
No preliminary notice is generally required in Kentucky, except for certain residential and low-dollar contracts which require notice to the owner within a specific timeframe.
What is the deadline to file a mechanics lien in Kentucky?
You must file a Statement of Lien within 6 months from the last date labor or materials were furnished.
Is there a deadline to notify the property owner after filing a lien?
Yes. For most claims, you must notify the owner within 7 days of filing. For owner-occupied dwellings or contracts under $1,000, notice is due within 75 or 120 days of last furnishing.
What is the timeframe to enforce a mechanics lien after it is filed?
An action to enforce the lien must be brought within 12 months from the date the Statement of Lien was filed.
What is the process for making a bond claim on a public project?
While Kentucky does not require preliminary notice for bond claims, a claimant must file suit within 6 months of last furnishing labor or materials to recover under a public works bond.
We Set the Standard for the Construction Industry
Not only do we provide you with the tools, knowledge, and team to ensure you feel confident your rights are secured, but we're prepared for the trenches and ready to coordinate with your legal team when things "go sideways" on one of your projects.
