How do mechanic's liens work in kentucky? 

​In Kentucky, a mechanic’s lien is a tool that provides an unpaid contractor with a security interest in the real estate which they improved.  The essence of a mechanic’s lien and the “security interest” which it provides is that if a contractor is not paid for his or her work, they can assert their claim for money owed against the property owner’s real estate where they completed the work.  Similar to mortgage rights which a bank typically holds if a homeowner does not pay the bank its monthly mortgage payment, mechanic’s liens allow contractors to hold the real estate liable if they are not paid for their services and/or materials they provided to the property. 
 
Here’s the rub:  Mechanic’s liens in Kentucky are highly technical and complicated.  One false move during the process and a mechanic’s lien could be held unenforceable.  Why?  Because mechanic’s liens rights are conferred by statute, and Kentucky courts strictly construe those statutory requirements. 

What does this mean for you?

It means you should NOT try this at home by filing your own mechanic’s lien – instead, we highly recommend that you lawyer up.  Even a minor mistake in the process could be fatal to your mechanic’s lien rights. 
 
And, retain a Kentucky lawyer quickly.  The deadline for filing a mechanic’s lien can sneak up on you, and you do not want your KY construction lawyer to be rushed through the process.​

"Preliminary State of Lien" in Kentucky

Generally, a lien claimant’s rights will generally relate back to the date on which it first performed work in terms of priority over other contractors who are also filing mechanic’s liens against the same property.  For example, if Harry Homeowner does not pay Carrie Contractor, who does not pay her subcontractors including Perry Plumber and Eddy Electrician, all of those contractors (the general and the subs) could file mechanic’s liens against the property.  Generally, their priority would relate back to the date they each began working on the property. 
 
As a side note, “priority” means who gets paid first in the event the property is sold to satisfy a mechanic’s lien.  
 
However, please note the lien will not take precedence over most subsequently recorded conveyances or a mortgage that was filed after the start of work, but before the claim of the lien.  In order to prevent this outcome, a would-be lien holder can file a “preliminary statement of lien” in the office of the county clerk in the county where the project is located to preserve his or her priority.  Ask your Lexington mechanic’s lien lawyer about this and whether it might be a good idea in your circumstances.​
Lexington Mechanic's Lien
Lexington Attorney Breck Norment would be happy to meet with you to discuss your Mechanic's Lien

The “Last Date” Materials or Labor Were Provided in Kentucky

In Kentucky, the actual mechanic’s lien must be filed within 6 months of the date upon which the claimant stops furnishing labor or materials.  Identifying this date may seem rudimentary, but questions often arise as to this issue.  A Lexington construction attorney can help you navigate this issue.​

Notice of Intent in Kentucky

Subcontractors, i.e., those contractors that do not have a direct contractual relationship with the owner, must generally send a notice of intent to file a lien to the owner within 120 days of last providing labor or materials.  Subs must do so before filing their mechanic’s lien.  This time period is shortened in certain circumstances based upon statute! 
 
General contractors are not required to provide notice prior to filing a lien, but our office often recommends doing so anyway (just the threat of a lien or potential for a lien could settle the case without the necessity of actually filing it).​

Necessary information included in the lien statement in ky

Generally, and among other things, a mechanic’s lien must state (and be subscribed and sworn to by the person claiming the lien or by someone on his/her behalf):
  1. The amount due;
  2. A description of the property intended to be covered by the lien;
  3. The owner’s name (which can be more complicated than you might think);
  4. The claimant’s name and address (if you own a business, make sure you tell your lawyer about that so the “claimant” is properly identified); and
  5. Whether the claimant contracted with the owner or with a contractor or subcontractor.
 
An experienced Lexington construction attorney can help you satisfy these and other complex requirements in Kentucky’s mechanic’s lien statutes.​

Post-recording requirements for KY mechanic’s liens

There are two requirements post filing:
  1. The claimant must send by regular mail a copy of the statement to the property owner at his last known address within seven (7) days of filing the statement with the county clerk; and
  2. If the lien is not satisfied, the claimant must file a lawsuit to enforce and foreclose upon the mechanic’s lien within twelve months of filing.​
Obviously, this overview is not an exhaustive list of everything a contractor should consider before and after recording a mechanic’s lien in Kentucky.  If you have a written contract, share that with your lawyer, too.  There could be important provisions in it relating to mechanic’s liens.  However, it does illustrate the reason why it makes sense to talk to an experienced construction lawyer if you might have a mechanic’s lien claim.  Lexington Mechanic’s Lien Lawyer Breck Norment has handled many of these issues from start to finish (both on behalf of homeowners and on behalf of claimants/contractors) and offers free consultations with potential clients. 

    Contact Lexington KY Mechanic's Lien Lawyer Breck Norment Online to Schedule a Free Consultation