It’s not always easy to receive the gold you’ve earned in the Bluegrass State. Kentucky, like all other states, has mechanics lien laws to help construction workers and suppliers like you get paid. Like all other states, Kentucky mechanics lien and Kentucky construction lien laws are also confusing and complicated. So you need to know how the law works to be able to properly file a Kentucky lien and protect your right to be paid. Here are 5 things you need to know about the Kentucky lien laws as reported to NLB busy our network of Kentucky construction attorneys and Kentucky construction lawyers to successfully file your next lien.
WHO CAN FILE A KENTUCKY MECHANICS LIEN
Generally, every state has laws that limit who can file a mechanics lien and a payment bond claim, and Kentucky liens are not the same to perfect. You need to know how and when to take the required steps. The pre-lien or preliminary notice requirements are different for each state on Private, Public, and Federal Projects. When you send the notice to the owner, preliminary notice, or pre-lien notices are also different for a supplier, sub, GC, or design professional.
SCHEDULE A NO-COST INITIAL CALL WITH NLB’S GENERAL COUNSEL TO GET STARTED
National Lien & Bond professional lien providers and Kentucky construction lawyers have helped subs and suppliers get paid on over 26,000 projects since 1986. NLB is here to help you learn what steps you need to take and when to send a notice or lien to secure your job funds on every project.
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NOTICE OF RIGHT TO LIEN
Your first step in protecting your lien rights is typically to serve notice of your right to file a mechanic’s lien, often referred to as the “Preliminary Notice”. It must be served on the owner and the general contractor. Unless you are working directly for the general contractor. If the owner obtained a loan to fund the project, you must also serve the notice to the construction lender. The Preliminary Notice timing shown is not always mandatory but will afford maximum protection for liens.
This notice may be served when you begin supplying materials to the project. If you miss the statutory date, you may in some states still serve the notice to capture remaining funds as state law typically bit not always provides. Notice (Statutory Form) to owner, contractor, construction lender & person with whom the claimant has contracted within a date certain from the time you began work, or in some times before you start and in others when you completed work.
The notice may either be served by certified mail, return receipt requested, or personally served on each of the parties. If you file a lien, you need to provide proof of this service by affidavit and proof of mail delivery. The notice typically includes a description of the work or goods you will provide, the estimated total price of the work or goods you will provide, and the statutorily required statement.
PREPARING THE KENTUCKY MECHANICS LIEN
Every mechanics lien typically must contain the owner’s name, a general description of the property and location, the name of the hiring party, the first and last date of work a description of the work performed, and the amount of money owed. The lien may also include other statutorily required statements and best practices require a lien to be prepared by a lawyer in the project state.
FILING AND SERVING THE KENTUCKY MECHANICS LIEN
According to the mechanics lien law, after your notices are served timely the lien must be filed in the county recorder’s office in the county where the property is located. The lien may either be served by certified mail, return receipt requested, or personally served on each of the parties. If you file a lien, you may in several states need to provide proof of this service by affidavit and proof of mail delivery.
FINAL THOUGHTS
Even if circumstances change, it is never too late to start a dialogue with the owner and GC Click Here to set up an appointment with general counsel to discuss the details of your initial consultation. If you properly perfected all the required steps you can likely start a foreclose action on the lien, sue the surety on a bond or sue for collection and other remedies. Property owners and competing creditors may try to block your path, but if you followed the law, you will have placed yourself in a strong secured position against your adversaries. To learn how to secure all your receivables Click Here to set up an appointment with general counsel to discuss the details of securing your company’s entire receivables on private public and federal construction projects both in the USA or around the world.
Frequently Asked Questions
Does Kentucky require a preliminary notice before filing a mechanics lien?
On residential property only. Under KRS § 376.080(1), sub-tier claimants (subcontractors, suppliers, equipment lessors not in privity with the owner) on owner-occupied single-family residential property must serve a PRE-LIEN NOTICE on the property owner within 75 DAYS after the date of last furnishing. Commercial projects and non-owner-occupied residential do not require the pre-lien notice. The 75-day window is shorter than most preliminary-notice states — missing it bars lien rights on residential property entirely.
What is the deadline to file a Kentucky mechanics lien?
Under KRS § 376.080(2), the Statement of Lien must be filed with the county clerk in the county where the property is located within SIX MONTHS after the date the claimant last furnished labor or materials to the project. The 6-month deadline runs from LAST furnishing, not from substantial completion of the entire project. Kentucky's 6-month window is significantly longer than California's 90 days or Florida's 90 days, but is still a strict deadline that cannot be tolled or extended.
What is the deadline to file a Kentucky mechanics lien foreclosure suit?
Under KRS § 376.090, the foreclosure action on a Kentucky mechanics lien must be commenced in circuit court within TWELVE MONTHS after the date of filing the Statement of Lien. The 12-month foreclosure window provides meaningful settlement runway but cannot be extended. Failure to file within 12 months extinguishes the lien automatically by operation of law. Combined with the 6-month filing window, Kentucky allows up to 18 months total from last furnishing to foreclosure suit — one of the longest timelines in the country.
What contents are required on a Kentucky Statement of Lien?
Under KRS § 376.080(2), the Statement of Lien must contain: (1) the amount due, with interest if any; (2) the names of the owner and the party with whom the claimant contracted; (3) a description of the property sufficient for identification; (4) a statement that the claimant is asserting a lien on the property; (5) the dates of first and last furnishing; (6) a verification by the claimant under oath. Defective Statements of Lien missing required content are unenforceable — Kentucky courts apply statutory compliance to Statement content.
Can a Kentucky property owner discharge my mechanics lien by bonding?
Yes — under KRS § 376.100, a Kentucky property owner can discharge a mechanics lien by filing a surety bond with the county clerk in an amount equal to 125% of the lien (sometimes more for attorney's fees and costs). Once the bond is filed, the lien is automatically discharged from the property's title — but the unpaid contractor's recovery rights transfer to the bond. The contractor then pursues the bond instead of the property in the foreclosure action. Bonding off is common when the owner needs clear title for a sale, refinance, or new financing.
Are attorney's fees recoverable on Kentucky mechanics lien claims?
Not automatically. Kentucky follows the American Rule — attorney's fees are recoverable only where contract or statute provides. Routes to fee recovery on Kentucky lien claims: (1) the underlying subcontract or supply agreement contains an enforceable fee-shifting clause; (2) the Kentucky Fairness in Construction Act (KRS Chapter 371) provides limited fee-shifting on certain prompt-payment claims; (3) bad-faith claim handling by an insurer or surety can support common-law fee recovery. Pre-work contract review to include fee-shifting clauses is one of the highest-ROI risk management practices for Kentucky contractors.
How does National Lien & Bond help with Kentucky mechanics liens?
National Lien & Bond files Kentucky mechanics liens for unpaid contractors, subcontractors, suppliers, and equipment lessors. For Illinois-based engagements, Hal Emalfarb's firm at Emalfarb Swan and Bain handles strategic coordination. For Kentucky-jurisdiction matters, NLB connects unpaid contractors with vetted Kentucky construction-payment attorneys who handle the 75-day pre-lien notice service under KRS § 376.080(1), the 6-month Statement of Lien filing under § 376.080(2), and the 12-month foreclosure suit under § 376.090. NLB's 50-state deadline-tracking system prevents the missed-deadline forfeitures that cause most Kentucky lien losses. Contact NLB for a free initial consultation.