Kentucky Mechanic Lien Filing Deadlines

Mechanic Lien Statement — 6-Month Filing Deadline (K.R.S. §376.010)

Under Kentucky law, all claimants — including contractors, subcontractors, and material suppliers — must file a Mechanic Lien Statement in the County Clerk's office within 6 months after ceasing to furnish labor or materials. This uniform deadline applies to all claimant types on both commercial projects and owner-occupied dwellings.

The 6-month period begins to run from the claimant's last day of billable work under the contract. Punch list items, warranty call-backs, and other gratuitous return visits do not extend the last furnishing date. The safe trigger date is the last day of work actually invoiced under the original contract or an executed change order.

7-Day Owner Notification After Filing (K.R.S. §376.010)

After filing the Mechanic Lien Statement with the County Clerk's office, the claimant must mail a copy to the property owner within 7 days of filing. This post-filing notification is mandatory for all claimant types.

The 7-day notification requirement ensures the property owner is promptly informed of the mechanic lien filing. Failure to mail the copy within 7 days may affect the enforceability of the mechanic lien. Claimants should prepare the notification in advance and mail it immediately upon confirmation that the Mechanic Lien Statement has been filed.

Eligible Claimants for Kentucky Mechanic's & Materialman's Mechanic Lien

Kentucky provides mechanic lien rights to a range of claimants who furnish labor or materials for the improvement of real property. Eligible claimants include:

• Contractors who contract directly with the property owner or the owner's agent
• Engineers and Land Surveyors who contract directly with the property owner (not available when not in privity with owner)
• Subcontractors who furnish labor or materials under agreement with the general contractor
• Material Suppliers (Materialmen) who furnish materials for the construction or improvement
• Other persons who furnish labor or materials for the improvement of real property

Owner-Occupied Dwelling Limitations (K.R.S. §376.080)

On owner-occupied single or dual family dwellings and appurtenances, or upon other improvements for agricultural or personal use on contiguous real property held by the same owner, the mechanic lien is not available to the extent the owner has previously paid the contractor.

This means that if the property owner has already paid the general contractor for the work, subcontractors and material suppliers cannot mechanic lien the property for amounts the owner has already disbursed. This provision protects homeowners from double payment and requires subcontractors to be vigilant about their Notice to Owner obligations to ensure the owner is aware of their involvement before making full payment to the contractor.

Contents of the Kentucky Mechanic Lien Statement

The Mechanic Lien Statement must be filed in the County Clerk's office of the county where the property is located. The statement must include: a description of the property subject to the mechanic lien, the name of the property owner, the name and address of the claimant, a description of the labor or materials furnished, the amount of the claim, and the dates of first and last furnishing of labor or materials.

The Mechanic Lien Statement must be properly verified. A defective or incomplete statement may be challenged and could result in the loss of mechanic lien rights. Claimants should use the statutory form and consult legal counsel to ensure full compliance with all filing requirements.