Kentucky Mechanic’s Lien Deadlines: Don’t Lose Your Right to Payment
If you are a contractor, subcontractor, or material supplier in Kentucky and the property owner or general contractor will not pay, a mechanic’s lien is your most powerful collection tool. It attaches to the real property itself, meaning the owner cannot sell or refinance without addressing your claim. But Kentucky’s mechanic’s lien statute imposes strict deadlines, and missing them means losing your lien rights entirely — no matter how legitimate your claim.
Who Is Entitled to a Mechanic’s Lien
Under KRS 376.010, any person who performs labor or furnishes materials for the improvement of real property in Kentucky is entitled to a mechanic’s lien on that property to secure payment. This includes general contractors, subcontractors, sub-subcontractors, material suppliers, architects, engineers, and laborers. The key requirement is that the work or materials must have been provided for the improvement of specific real property — not for general supplies or unrelated services.
The Critical Filing Deadlines
Kentucky’s mechanic’s lien statute imposes a six-month filing deadline. Under KRS 376.080, a lien statement must be filed in the county clerk’s office of the county where the property is located within six months after the last date on which labor was performed or materials were furnished. This deadline is absolute — there is no grace period and no equitable exception. If you file one day late, your lien is void.
The “last date” of work is critical and can be contested. Returning to the job to perform minor punch list items or warranty work may extend the deadline, but courts scrutinize whether the work was genuinely part of the original contract or merely an attempt to extend the filing period.
What the Lien Statement Must Contain
Under KRS 376.080, the lien statement must include the amount of the claim, a description of the property sufficient to identify it, the name of the property owner (if known), and the name of the person by whom the lienor was employed or to whom materials were furnished. The statement must be verified — meaning signed under oath. Errors in the lien statement can render it unenforceable, so precision matters.
Enforcing the Lien: The One-Year Lawsuit Deadline
Filing the lien is not enough — you must also file a lawsuit to enforce it. Under KRS 376.090, a lien enforcement action must be commenced within one year after the lien statement is filed. If you fail to file suit within one year, the lien expires by operation of law. The enforcement action is an equitable proceeding in circuit court, and the court can order the property sold to satisfy the lien.
Priority and the “First to File” Trap
Mechanic’s liens in Kentucky generally relate back to the date work commenced on the project, not the date the lien was filed. Under KRS 376.010, the lien attaches as of the date the first labor was performed or materials were furnished. This means mechanic’s liens can take priority over mortgages and other encumbrances that were recorded after the start of construction. This is why lenders require title searches and lien waivers before funding construction draws.
Lien Waivers: What You Are Signing Away
Contractors and subcontractors are frequently asked to sign lien waivers as a condition of receiving payment. A lien waiver is exactly what it sounds like — a document in which you waive your mechanic’s lien rights. Be extremely careful about signing lien waivers before you have actually received payment. A conditional lien waiver (conditioned on actual receipt of payment) protects you; an unconditional lien waiver signed in exchange for a promise of payment does not. If you sign an unconditional waiver and the check bounces, you may have waived your lien rights without receiving anything in return.
Residential vs. Commercial Projects
Kentucky law imposes additional requirements for mechanic’s liens on residential property. Under KRS 376.010(3), a subcontractor or material supplier who does not have a direct contract with the property owner must give written notice to the owner within 75 days of the first furnishing of labor or materials. This notice requirement is designed to alert homeowners that a subcontractor is working on their property and may assert a lien if not paid. Failure to provide this notice can bar the subcontractor’s lien.
If you are a contractor or supplier owed money for work on a Kentucky property, contact Buckles Law Office at (859) 225-9540 before your lien deadlines expire.
