Contractors, sub contractors, and materials suppliers in the state of Kentucky should be aware of the applicable state laws and statutes regarding lien claims, including the important deadlines and appropriate actions to secure their lien rights. Lien rights may be jeopardized if contractors, suppliers, and sub contractors do not adhere to the appropriate filing deadlines, and in turn, may lose their claim to compensation for work and supplies through lien enforcement actions.
In the state of Kentucky, primary contractors are not obligated to serve any preliminary lien notice to owners or interested third parties. Any primary contractors wishing to make a claim of lien must file no later than six (6) months after the last date that materials or services were provided to an owner property. Claim of lien notice must also be provided to owner within seven (7) days of filing statement of lien action. Any action to enforce lien by primary contractor must occur within one (1) year from the filing date with the clerk of the statement of lien.
In Kentucky, sub contractors are not required by law to file preliminary notice to owners of potential lien claims. However, claim of liens by sub contractors entails providing a statement of lien within six (6) months of last date on jobsite. Notice to owner of jobsite involved in claim of lien must be notified within seven (7) days following the filing of lien statement. In the event that a contract in question is for less than $1,000, statement of lien notice to owner may be filed up to seventy-five (75) days after last date on job, and if contract value exceeds $1,000, statement must be given within one hundred and twenty (120) days. Additionally, specific special rules apply for single-family, occupied homes. Any and all actions to enforce lien claim rights must occur no more than twelve (12) months following the filing date of the statement of lien with county clerk’s office.
Materials suppliers in the state of Kentucky must adhere to the exact same procedural and time process as sub contractors regarding lien claims. Some of these important dates and deadlines, include: