Kentucky Mechanics Lien
File a Kentucky mechanics lien to secure construction payment. Learn the six-month filing deadline, the pre-lien notice rules, and 12-month enforcement.
Introduction
A Kentucky mechanics lien is a legal claim filed against real property by a contractor, subcontractor, or materialman who improved the property and was not paid. Once filed, the lien attaches to the property, clouds the title so it is hard to sell or refinance, and can be enforced by a court-ordered sale. That security is what gives the lien its leverage, and Kentucky protects the right in Chapter 376 of its statutes. The lien only works if you meet each deadline in order. A claimant who did not contract directly with the owner must first send the owner written pre-lien notice, due within 75 days on claims under $1,000 and 120 days on larger claims. Everyone files the lien statement with the county clerk within six months after last furnishing labor or materials, then brings suit to enforce within 12 months after filing. DocDraft prepares a Kentucky mechanics lien and its notices from your project details, and attorney review is available before you file.
Key Things to Know
- 1
A Kentucky mechanics lien secures payment against the improved property. Contractors, subcontractors, materialmen, and others who furnished labor or materials and were not paid can claim one under KRS 376.010, filing in the county clerk's office where the property sits.
- 2
Pre-lien notice applies to claimants not in privity with the owner. Under KRS 376.010(4) a subcontractor or supplier must notify the owner within 75 days on claims of $1,000 or less, and 120 days on larger claims, after the last item furnished.
- 3
The recording deadline is six months. KRS 376.080(1) dissolves the lien unless the claimant files a statement of the amount due with the county clerk within six months after ceasing to labor or furnish materials, and mails a copy to the owner within seven days.
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You must sue to enforce within 12 months. KRS 376.090(1) deems the lien dissolved unless an action to enforce it is brought within twelve months from the day the lien statement was filed in the county clerk's office.
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Kentucky reads the requirements strictly. Missing the pre-lien notice, the six-month filing window, the seven-day owner mailing, or the 12-month suit deadline can dissolve the lien, though a separate contract claim for the debt may remain.
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The lien statement has required contents. KRS 376.080(1) requires the amount due with all credits and set-offs, a property description, the owner's name, whether the claim is by contract with the owner or a contractor or subcontractor, and the claimant's name and address.
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Owner-occupied homes limit what subcontractors recover. On an owner-occupied single or double family dwelling, a claimant not in direct contract with the owner must give the 75/120-day notice, and the lien does not attach to amounts the owner already paid the contractor before receiving it.
Key decisions before you file
Before you file a Mechanics Lien in Kentucky, a few decisions shape the document: which option to choose and what each one means. The Mechanics Lien guide walks through them.
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Kentucky Requirements for Mechanics Lien
File the Kentucky mechanics lien in the correct office, a county recorder or court as Kentucky requires, within the state's deadline after you last furnish labor or materials. Kentucky applies the deadline strictly, so filing late or in the wrong office can void the lien.
Frequently Asked Questions
A Kentucky mechanics lien is a legal claim that a contractor, subcontractor, or material supplier files against property they improved but were not paid for. It attaches to the real estate and clouds the title, so the owner cannot easily sell or refinance, and it can be foreclosed through a court-ordered sale. Kentucky governs these liens in KRS Chapter 376, starting at KRS 376.010.
Contractors, subcontractors, and materialmen who furnished labor or materials to improve real property and were not paid can file under KRS 376.010. The key distinction is privity: a claimant who contracted directly with the owner, such as a general contractor, files with no advance notice, while a subcontractor or supplier must first send the owner a pre-lien notice.
File within six months. Under KRS 376.080(1) the lien is dissolved unless you file a statement of the amount due in the county clerk's office within six months after you cease to labor or furnish materials. You must also mail a copy of the statement to the property owner within seven days of filing it, so the owner's mailing address matters.
Only claimants who did not contract directly with the owner. KRS 376.010(4) requires a subcontractor or supplier to give the owner written notice within 75 days after the last item of labor or material on claims of $1,000 or less, and within 120 days on claims over $1,000. A general contractor in direct contract with the owner sends no such notice.
You have twelve months. KRS 376.090(1) deems the lien dissolved unless you bring an action to enforce it within twelve months from the day you filed the lien statement in the county clerk's office. Unlike the six-month recording clock, this deadline runs from the filing date, not from when you last worked.
If you miss the pre-lien notice, the six-month filing deadline, or the 12-month deadline to sue, the lien is generally dissolved, because Kentucky applies these rules strictly. You can still pursue the party that hired you for breach of contract to recover the unpaid amount, but you lose the security a lien gives you against the property.
The biggest trap is the homeowner protection. On an owner-occupied single or double family dwelling, a subcontractor's lien does not attach to money the owner already paid the contractor before receiving the pre-lien notice, so late notice can leave nothing to lien. The separate seven-day rule for mailing the filed statement to the owner also trips up claimants.
When the debt is paid, the claimant should release the lien of record in the county clerk's office to clear the title. A lien also dissolves on its own if no enforcement action is filed within twelve months of filing the statement. An owner who believes a lien is invalid can challenge it in court, which decides whether the lien stands.