Kentucky Mechanic’s Lien Laws: What Contractors and Property Owners Need to Know
If you’re a contractor, subcontractor, or material supplier who hasn’t been paid for work on a Kentucky construction project, a mechanic’s lien may be your most powerful collection tool. And if you’re a property owner, understanding how mechanic’s liens work is essential to protecting your real estate from claims by workers you may not have even hired directly.
What Is a Mechanic’s Lien?
A mechanic’s lien is a legal claim against real property, created by statute, that secures payment for labor or materials furnished in connection with improving that property. Under KRS Chapter 376, contractors, subcontractors, laborers, and material suppliers who contribute to the improvement of real property in Kentucky have the right to file a lien against the property if they aren’t paid. The lien attaches to the real estate itself — not just to the person who owes the money.
Who Can File a Mechanic’s Lien?
Under KRS 376.010, any person who performs labor or furnishes materials for the improvement of real property by contract with the owner (or the owner’s authorized agent) may file a lien. This includes general contractors, subcontractors, laborers, and material suppliers. However, the lien rights of subcontractors and suppliers depend on compliance with specific notice requirements — failing to give proper notice can waive your lien rights entirely.
Critical Deadlines
Mechanic’s lien rights in Kentucky are subject to strict deadlines, and missing them is fatal to your claim. The 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 labor was performed or materials were furnished. KRS 376.080. An action to enforce the lien must be filed within one year after the lien statement is recorded. KRS 376.090. These deadlines are not flexible — courts enforce them strictly.
For Property Owners: How to Protect Yourself
As a property owner, you can be liable for a mechanic’s lien even if you paid the general contractor in full — if the general contractor didn’t pay their subcontractors or suppliers. To protect yourself, consider requiring lien waivers from subcontractors and suppliers as work progresses, issuing joint checks (payable to both the general contractor and the subcontractor), and verifying that the general contractor is actually paying their subcontractors before making the next progress payment.
Whether you need to file a mechanic’s lien or you’re dealing with one filed against your property, call me at (859) 225-9540 or use the contact form.
Joseph D. Buckles is a civil litigation attorney at Buckles Law Office, PLLC in Lexington, Kentucky.
