Kentucky mechanics' lien deadlines: 75 days, 120 days, six months and a year

Kentucky's mechanics' lien law, in Chapter 376 of the Kentucky Revised Statutes, gives contractors, subcontractors and suppliers a lien on private property they improve. But the lien has to be preserved with a sequence of notices and filings, each with its own deadline. Miss one and the lien is lost.

This is a summary of the statutes, not legal advice. Consult a Kentucky construction attorney about a specific job.

Step 1: Notice to the owner (if you did not contract with the owner)

Under KRS 376.010, a person who has not contracted directly with the owner, the owner's agent or, where applicable, the lessee does not acquire a lien unless it notifies the owner in writing of its intention to hold the property liable and the amount it will claim. The deadlines depend on the size of the claim:

• Claims under $1,000: within 75 days after the last item of material or labor is furnished.
• Claims over $1,000: within 120 days.

The statute says it is sufficient to prove the notice was mailed to the owner's last known address, or to the owner's authorized agent in the county where the property is located.

Homes are different. For an owner-occupied single or double family dwelling, a claimant who did not contract with the owner must give written notice no more than 75 days after the last item of material or labor is furnished, regardless of the claim amount.

Step 2: File the lien statement within six months

KRS 376.080 says a lien is dissolved unless the claimant, within six months after it stops performing labor or furnishing materials, files a statement in the county clerk's office of the county where the property is located. The statement must give the amount due with all just credits and set-offs, a description of the property sufficient to identify it, the owner's name if known, and whether the work was done under contract with the owner or with a contractor or subcontractor. It must also include the claimant's name and address.

The claimant must send a copy of the statement by regular mail to the property owner at the owner's last known address within seven days of filing it.

Step 3: Sue within 12 months

Under KRS 376.090, the lien is dissolved unless an action to enforce it is brought within 12 months from the day the statement was filed. If the owner dies before that period runs, the statute allows an additional six months from the date the owner's personal representative qualifies.

An example

A supplier with no contract with the owner delivers $8,000 of lumber to a commercial job, with the last delivery on April 10. It must send the owner notice within 120 days, by about Aug. 8. It must file the lien statement with the county clerk within six months after the last delivery, by Oct. 10, and mail a copy to the owner within seven days of filing. If it files on Sept. 15, it must sue to enforce by Sept. 15 of the following year.

A checklist

• Record the last day you furnished labor or materials on every job.
• If you did not contract with the owner, send the 75- or 120-day notice, and keep proof of mailing.
• For owner-occupied homes, use the 75-day deadline.
• File the statement within six months; mail the owner a copy within seven days.
• Calendar the 12-month deadline to sue.

Public work

These lien rules cover private property. Payment protection on public projects works differently and depends on the agency and the contract; check the contract's bond requirements before starting work. This site's Kentucky lien guide links to each statute.