Mechanics liens

Kentucky mechanics lien law and deadlines

In Kentucky, a claimant files a sworn lien statement with the county clerk within 6 months after last furnishing labor or materials, mails the owner a copy within 7 days, and sues within 12 months. Parties without a direct contract also owe the owner a notice of intent.

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Kentucky's mechanics lien rules sit in KRS Chapter 376. Anyone who improves real property under a contract with the owner or someone in the contract chain can claim a lien. To keep it, file a sworn statement with the county clerk within 6 months after you stop furnishing labor or materials, mail a copy to the owner within 7 days of filing, and file suit within 12 months of filing. Subs and suppliers who did not contract with the owner must also send a notice of intent within 75 or 120 days of last furnishing, depending on the size of the claim and the type of property.

Kentucky mechanics lien deadlines at a glance (private projects)
StepDeadlineStatute
Notice of intent to owner, no direct contract, claims under $1,000Within 75 days after last labor or materialsKRS 376.010(4)
Notice of intent to owner, no direct contract, claims over $1,000Within 120 days after last labor or materialsKRS 376.010(4)
Notice, owner-occupied single or double family dwellingNot more than 75 days after last labor or materials (replaces the notice above)KRS 376.010(5)
File lien statement with county clerkWithin 6 months after last labor or materialsKRS 376.080
Mail copy to ownerWithin 7 days of filing, by regular mail to last known addressKRS 376.080
File suit to enforceWithin 12 months after the statement is filedKRS 376.090
Public improvementsLien on funds owed the contractor; statement due 60 days after month of last furnishing or by substantial completion, whichever is laterKRS 376.210, 376.230

Who has lien rights in Kentucky

KRS 376.010 gives a lien to anyone who performs labor or furnishes materials to build, alter, or repair a structure, excavate, or otherwise improve real property, under a contract with or written consent of the owner, lessee, contractor, subcontractor, architect, or authorized agent. Work done by trucks, machinery, and equipment counts as labor, whether or not the owner supplies an operator, and small tools of $50 or less per item count as supplies. Equipment rental liens are capped at 6 months of rent and no more than 60 percent of the equipment's agreed value. Design professionals are not named as claimants; architect appears only among parties who can order the work.

One limit to know before you price risk: all liens together cannot exceed the original contract price. If they do, the contract price is split pro rata. A sub owed $90,000 on a job where the owner's contract is nearly paid out may recover far less.

Notice of intent: Kentucky's preliminary notice

Kentucky's version of a preliminary notice is a written notice of intent to hold the owner liable, required from anyone without a direct contract with the owner. The clock runs from your last work, not your first.

  • Commercial and other projects. Send written notice to the owner, the owner's agent, or the lessee within 75 days of last furnishing for claims under $1,000, or 120 days for claims over $1,000. Mailing to the owner's last known address is enough proof.
  • Owner-occupied single or double family dwellings. Notice is due no more than 75 days after last furnishing, and it takes the place of the general notice. Anything the owner pays the contractor before receiving your notice reduces your lien. A contractor or sub cannot act as the owner's agent to receive it.

Filing the lien statement

Under KRS 376.080 the statement goes to the clerk of the county where the improvement is located, sworn by the claimant or someone for it. It lists the amount due after known credits and set-offs, a property description, the owner's name if known, whether you worked under the owner or a contractor or sub, and your name and address (for a corporation, its process agent or service address). Mail a copy to the owner's last known address within 7 days of filing. A late filing or a missed mailing dissolves the lien. The clerk charges a recording fee set under KRS 64.012; check with your county clerk for the current amount.

Enforcement

KRS 376.090 dissolves the lien unless an enforcement action is filed within 12 months of the day the statement was filed. If the debtor dies before then, the lienholder gets 6 more months from the date the personal representative qualifies. A lien enforced on time holds against the owner's creditors and later purchasers.

Lien waivers in Kentucky

The Chapter 376 sections reviewed for this page do not prescribe a statutory lien waiver form, so contract, lender, and title company forms govern. Watch the release language on each one, and pair a conditional lien waiver with every pay request so you are never waiving money you have not received.

Public projects

KRS 376.210 gives a lien on public improvements, but on property owned by the state, a city, or a county the lien attaches to funds due the contractor rather than the property. The sworn statement must be filed within 60 days after the last day of the month of last furnishing or by substantial completion, whichever is later, with the county clerk where the public owner's seat of government is located (KRS 376.230). If the contractor protests within 30 days, the claimant must sue and serve the public authority within 30 days after the protest notice is mailed, or the lien is released (KRS 376.250). A public owner may also require a payment bond in the contract, so check the bid documents for bond claim steps too. See also Kentucky prevailing wage, Kentucky prompt payment, and the Kentucky contractor license guide.

Kentucky's notice clock runs from last furnishing, so the risky jobs are the ones that drag on with small punch visits. Smart Business Automator records last-furnished dates and open balances by job in construction accounts receivable automation.

Frequently asked questions

How long do I have to file a mechanics lien in Kentucky?

File the sworn lien statement with the county clerk within 6 months after you last furnish labor or materials, and mail the owner a copy within 7 days of filing.

Does Kentucky require a preliminary notice?

Parties without a direct contract with the owner must send a notice of intent: within 75 days of last furnishing for claims under $1,000, within 120 days for larger claims, and within 75 days on owner-occupied single or double family dwellings.

How long does a Kentucky mechanics lien last?

It is dissolved unless an enforcement action is filed within 12 months after the lien statement is filed.

Can I file a lien on a Kentucky public project?

Kentucky allows a lien on public improvements, but on state and local government property it attaches to the funds owed the contractor rather than the property. The statement is due 60 days after the month of last furnishing or by substantial completion, whichever is later.

Sources

  1. KRS 376.010, mechanics and materialmen liens and notices (FindLaw statute text, current as of January 1, 2025)
  2. KRS 376.080, filing the lien statement (FindLaw statute text)
  3. KRS 376.090, enforcement deadline (FindLaw statute text)
  4. KRS 376.210, liens on public improvements (FindLaw statute text)
  5. KRS 376.230, public improvement lien statement (FindLaw statute text)
  6. KRS 376.250, protest and suit on public funds lien (FindLaw statute text)

Laws and rates change. Confirm current requirements with the state agency before you bid, file, or pay. This page is general information, not legal advice.

Written and edited by

Maurice Francois writes and edits construction operations guides for Smart Business Automator. More from Maurice on the Scaling Legends podcast.

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