A Kentucky mechanic’s lien is a means for contractors and subcontractors to secure compensation on a construction project when the owner has failed to pay on time. The lien is an involuntary security interest that attaches to the property title, warning potential buyers or creditors that the owner has unsettled debts. If necessary, the contractor can enforce the lien and initiate a foreclosure suit.
Once the worker files their lien with the county clerk, they are required to furnish the owner a copy of the lien statement within seven (7) days of filing. If the owner repays the amount owed after the lien has been filed, the worker will be required to file a notarized lien release with the county clerk within thirty (30) days of receiving payment.
Workers who are not in direct contact with the owner of a residential project (e.g., subcontractors, suppliers, etc.) will be required to send written notice to the owner within seventy-five (75) days of completion for claims less than $1000 and within one-hundred and twenty (120) days for claims over $1000. Failing to provide the owner with a preliminary notice will revoke the worker’s right to lien.
Laws & Requirements
- Laws: Chapter 376
- Signing Requirements (§ 376.080(1)): Notary Public
- Time Limit for Recording Lien (§ 376.080(1)): Six (6) months
- Deadline for Enforcing Lien (§ 376.090(1)): Twelve (12) months