Kentucky Notice Requirements

Contractors — No Preliminary Notice Required

Under Kentucky law, contractors, engineers, land surveyors, and other persons who have contracted directly with the property owner or the owner's agent are not required to serve any preliminary notice as a prerequisite to filing a Mechanic Lien Statement. These claimants may proceed directly to filing the mechanic lien within the statutory deadline.

However, these claimants may optionally file a Notice of Intent in the County Clerk's office to preserve priority against subsequent mortgages and purchasers. While not required, filing a Notice of Intent can provide significant strategic advantages in disputes involving competing interests in the property.

Subcontractors & Material Suppliers — Commercial Projects: Notice to Owner (K.R.S. §376.010)

Subcontractors, material suppliers, and other persons who have not contracted directly with the owner on commercial projects must serve written Notice to Owner. The deadline for this notice depends on the amount of the claim:

For claims less than $1,000: Written notice must be given to the owner within 75 days after the last item of material or labor is furnished. For claims of $1,000 or more: Written notice must be given to the owner within 120 days after the last item of material or labor is furnished. K.R.S. §376.010.

Note that mechanic lien rights for land surveyors and engineers who have not contracted directly with the owner are not available under this section. Only subcontractors, material suppliers, and other persons furnishing labor or materials may claim a mechanic lien when they are not in privity with the owner.

Owner-Occupied Single or Dual Family Dwellings — Special Notice Rules (K.R.S. §376.080)

Special notice requirements apply when the project involves an owner-occupied single or dual family dwelling and appurtenances, or other improvements for agricultural or personal use on contiguous real property held by the same owner.

For these projects, the owner must be given written notice not more than 75 days after the last item of material or labor is furnished, regardless of the claim amount. Additionally, the mechanic lien is not available to the extent the owner has previously paid the contractor. This means the owner's prior payments to the general contractor reduce the amount available for mechanic lien claims by subcontractors and suppliers. K.R.S. §376.080.

Optional Notice of Intent — Priority Preservation

All claimant types — both those in privity with the owner and those who are not — may optionally file a Notice of Intent (also called a Statement of Intent) in the County Clerk's office. Filing this notice preserves the claimant's mechanic lien priority from the date of filing against subsequent mortgages and purchasers.

While the Notice of Intent is not mandatory for any claimant, filing it early in the project can provide critical protection in situations where the property is refinanced, sold, or encumbered during the course of construction. The notice is filed in the County Clerk's office of the county where the property is located.

Public Works — Statement of Intent (Optional Priority)

On Kentucky public works projects involving property owned by the State, any subdivision or agency thereof, or by any county, urban county, or city, subcontractors and material suppliers may optionally file a Statement of Intent. Filing the Statement of Intent gives the claimant priority from the date of filing.

While the Statement of Intent is optional, it can provide significant strategic advantages in disputes involving competing claims against funds due the contractor from the public authority. Claimants on public works should consider filing early to maximize protection.