Mechanics Lien Claim - Kentucky

MECHANICS LIEN STATEMENT

Commonwealth of Kentucky

County of [________________________________]

IMPORTANT FILING NOTICE

This lien statement must be filed with the County Clerk in the county where the property is located. Under KRS 376.060, the statement must be filed within 6 months after the last date labor was performed or materials were furnished. Kentucky requires strict compliance with all statutory requirements — any deficiency will result in dissolution of the lien. A copy must be mailed to the property owner within 7 days of filing.

I. CLAIMANT INFORMATION

Full Legal Name of Claimant: [________________________________]

Claimant Entity Type:

☐ Individual / Sole Proprietor
☐ Corporation
☐ Limited Liability Company (LLC)
☐ Partnership
☐ Joint Venture
☐ Other: [________________________________]

Claimant Mailing Address:

[________________________________]
[________________________________]
City: [________________________________] State: KY ZIP: [____]

Claimant Phone: [________________________________]

Claimant Email: [________________________________]

Kentucky Contractor License (if applicable): [________________________________]

Claimant's Role in the Project:

☐ General / Prime Contractor (direct contract with Owner)
☐ Subcontractor
☐ Sub-subcontractor
☐ Material Supplier
☐ Equipment Supplier / Lessor
☐ Laborer
☐ Architect / Engineer
☐ Other: [________________________________]

II. PROPERTY OWNER INFORMATION

Full Legal Name of Property Owner: [________________________________]

Owner Mailing Address (last known address):

[________________________________]
[________________________________]
City: [________________________________] State: [____] ZIP: [____]

Owner Phone (if known): [________________________________]

A copy of this lien statement must be sent to the owner at this address by regular mail within 7 days of filing under KRS 376.060.

III. GENERAL CONTRACTOR INFORMATION

(If Claimant is not the General Contractor)

General Contractor Name: [________________________________]

General Contractor Address:

[________________________________]
[________________________________]
City: [________________________________] State: [____] ZIP: [____]

IV. HIRING PARTY INFORMATION

(Complete if the Claimant was not hired directly by the Owner)

Name of Party Who Hired Claimant: [________________________________]

Hiring Party's Relationship to Owner:

☐ General Contractor
☐ Subcontractor
☐ Agent of Owner
☐ Other: [________________________________]

Hiring Party Address:

[________________________________]
[________________________________]
City: [________________________________] State: [____] ZIP: [____]

V. PROPERTY DESCRIPTION

Property Street Address:

[________________________________]
[________________________________]
City: [________________________________], Kentucky [____]

County: [________________________________], Kentucky

Legal Description of Property:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

(Attach Exhibit A for full legal description if additional space is needed)

☐ Exhibit A — Legal Description is attached hereto and incorporated by reference.

Property Valuation Administrator (PVA) Parcel Number: [________________________________]

VI. STATEMENT OF LIEN

A. Basis for Lien

Pursuant to KRS 376.010, the undersigned Claimant hereby claims a mechanics lien upon the above-described real property, including the building(s) and appurtenances thereon, and the land upon which they stand, for labor performed, materials furnished, and/or services rendered in connection with the erection, altering, or repairing of improvements on said property.

B. Nature of Work Performed / Materials Furnished

Type of Improvement:

☐ Erection of New Building/Structure
☐ Alteration
☐ Repair
☐ Demolition
☐ Other: [________________________________]

Description of Labor Performed and/or Materials Furnished:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

C. Itemized Statement of Claim

D. Contract Information

Type of Contract:

☐ Written Contract
☐ Oral Contract
☐ Implied Contract

Original Contract Price: $[________________________________]

Approved Change Orders: $[________________________________]

Total Adjusted Contract Price: $[________________________________]

VII. DATES OF WORK / FURNISHING

Date Claimant First Performed Labor or Furnished Materials: [__/__/____]

Date Claimant Last Performed Labor or Furnished Materials: [__/__/____]

VIII. PRE-LIEN NOTICE COMPLIANCE

A. Notice to Owner by Subcontractors (KRS 376.080)

Under KRS 376.080, claimants who do NOT have a direct contract with the property owner must give the owner written notice of their intention to hold the property liable:

• Within 75 days of last furnishing if the claim is less than $1,000
• Within 120 days of last furnishing if the claim is $1,000 or more

☐ Claimant has a direct contract with the Owner — KRS 376.080 notice not required
☐ Notice to Owner was given under KRS 376.080

• Date of Notice: [__/__/____]
• Method of Delivery: ☐ Certified mail ☐ Regular mail ☐ Personal delivery ☐ Other: [________________________________]
• Amount of Claim: ☐ Less than $1,000 (75-day notice period) ☐ $1,000 or more (120-day notice period)

☐ Notice to Owner was NOT given (WARNING: Under Kentucky law, strict compliance is required. Failure to give timely notice will dissolve the lien for subcontractors/suppliers.)

IX. FILING DEADLINE COMPLIANCE

Under KRS 376.060, the lien statement must be filed within 6 months after the date on which the claimant last performed labor or furnished materials.

Date of Last Furnishing: [__/__/____]

6-Month Filing Deadline: [__/__/____]

Date of This Filing: [__/__/____]

☐ Claimant confirms this lien statement is being filed within the 6-month statutory deadline.

X. COPY TO OWNER REQUIREMENT

CRITICAL: Under KRS 376.060, the claimant SHALL send by regular mail a copy of the lien statement to the property owner at the owner's last known address within SEVEN (7) DAYS of filing. ANY LIEN PROVIDED FOR IN KRS 376.010 SHALL BE DISSOLVED if a copy is not sent to the property owner as required.

☐ Copy of this lien statement will be mailed to the Owner within 7 days of filing

• Scheduled Mailing Date: [__/__/____]
• Owner's Address for Mailing: [________________________________]

XI. VERIFICATION

I, [________________________________], being first duly sworn, state under oath:

1. I am the Claimant named above (or the [________________________________] of the Claimant entity).
2. I have read the foregoing Mechanics Lien Statement and know the contents thereof.
3. The statements of fact contained therein are true and correct to the best of my knowledge and belief.
4. The amount claimed, $[________________________________], is justly due and owing after deducting all just credits and offsets.

Signature: ________________________________

Printed Name: [________________________________]

Title (if entity): [________________________________]

Date: [__/__/____]

XII. NOTARY ACKNOWLEDGMENT

Commonwealth of Kentucky
County of [________________________________]

Subscribed and sworn to before me this [____] day of [________________], 20[____], by [________________________________], who is personally known to me or who has produced [________________________________] as identification.

Notary Public Signature: ________________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

Notary ID Number: [________________________________]

[NOTARY SEAL]

XIII. ENFORCEMENT DEADLINES

CRITICAL: Under KRS 376.090, any mechanics lien filed pursuant to KRS 376.010 is deemed dissolved unless an action to enforce the lien is brought in the appropriate court within TWELVE (12) MONTHS from the day of the filing of the lien statement in the county clerk's office.

XIV. LIEN RELEASE AND BONDING PROVISIONS

A. Release of Lien

Upon full payment of the amount claimed plus any accrued interest, costs, and attorney's fees, Claimant shall execute and file a Release of Lien with the County Clerk where the lien was filed.

B. Penalties for Failure to Release (KRS 382.365)

After the lien claim is satisfied, the lienholder must release the lien within 30 days. Otherwise:

• $100 per day starting 15 days after the owner gives written notice of the failure to release
• $500 per day after 30 days of the owner's notice

C. Bond to Release Lien

The property owner or any interested party may petition the court to release the lien upon posting a surety bond in an amount sufficient to secure the claim.

D. Partial Release

If partial payment is received, Claimant may file a partial release with the County Clerk reducing the amount claimed.

XV. PRIORITY OF LIEN

Under KRS 376.110, the mechanics lien takes effect from the time of the first item of material delivered or labor performed. The lien has priority over all subsequent encumbrances and prior unrecorded interests, subject to statutory exceptions.

XVI. ADDITIONAL NOTICES AND DISCLOSURES

1. Strict Compliance Required: Kentucky courts require strict compliance with all statutory requirements. Any deficiency — including late notice, late filing, or failure to mail a copy to the owner within 7 days — will result in automatic dissolution of the lien.
2. Filing Location: File with the County Clerk (not the Circuit Court Clerk) in the county where the property is located.
3. Subcontractor Limitations: A subcontractor's lien may be limited to the amount due from the owner to the general contractor.
4. Owner-Occupied Residential Property: Additional considerations may apply; consult legal counsel.
5. Penalties for False Lien: Filing a fraudulent or excessive lien may subject the claimant to liability for damages, costs, and attorney's fees.
6. Multiple Owners: If property is owned by multiple persons, notice must be sent to all owners.

FILING INSTRUCTIONS

1. Complete all sections of this Mechanics Lien Statement
2. Have the Claimant sign under oath before a Notary Public
3. File the original with the County Clerk in the county where the property is located
4. Within 7 days of filing, mail a copy to the Property Owner at the owner's last known address by regular mail
5. Retain proof of mailing and copies for your records
6. Calendar the 12-month enforcement deadline from the date of filing
7. Consult with an attorney regarding enforcement well in advance of the deadline

SOURCES AND REFERENCES

• Kentucky Revised Statutes (KRS) Chapter 376 — Liens
• KRS 376.010 — Mechanics Liens on Buildings and Land
• KRS 376.060 — Filing of Lien Statement; Copy to Owner
• KRS 376.070 — Contents of Lien Statement
• KRS 376.080 — Notice to Owner by Subcontractors
• KRS 376.090 — Enforcement of Lien (12-month deadline)
• KRS 376.110 — Priority of Liens
• KRS 382.365 — Penalties for Failure to Release Lien
• Kentucky Legislature: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39141
• Kentucky Court of Justice: https://courts.ky.gov