Mechanics Lien Filing Package — Kentucky

Mechanics Lien Filing Package (KENTUCKY)

Quick-Reference Summary

Part A — Pre-Lien Notice

NOTICE OF INTENT TO HOLD MECHANIC'S LIEN

Pursuant to KRS § 376.010(4) or (5), as applicable

TO (Owner of record):
[________________________________]
[________________________________]
[______________________], KY [_______]

DATE OF MAILING / DELIVERY: [__/__/____]

You are hereby notified that the undersigned has been furnishing labor and/or materials for the improvement of the real property described below, and intends to hold a mechanic's lien on said property for the amount stated.

1. Claimant

2. Person Who Contracted with Claimant

• Name: [________________________________]
• Address: [________________________________]
• Relationship to project: ☐ Original Contractor ☐ Subcontractor ☐ Lessee ☐ Other: [_________]

3. Property

• Street address: [________________________________]
• City / County, Kentucky: [______________________] / [______________________]
• Deed book / page or PIDN: [________________________________]
• Brief legal description:

[____________________________________________________________]

4. Labor / Materials Furnished

[____________________________________________________________]

• Date first furnished: [__/__/____]
• Date last furnished: [__/__/____]

5. Amount Claimed

$[____________]

6. Notice Type (check applicable)

☐ Property within KRS 376.010(5)'s owner-occupied dwelling / related-property scope — sent not more than 75 days after last labor/materials
☐ General property, claim < $1,000 — sent within 75 days of last labor/materials (KRS 376.010(4))
☐ General property, claim exactly $1,000 — deadline selected by Kentucky counsel because the statute says “less than” and “in excess of” $1,000
☐ General property, claim > $1,000 — sent within 120 days of last labor/materials (KRS 376.010(4))

METHOD OF SERVICE:

☐ Regular mail to the owner's last-known address
☐ Registered or certified mail retained as additional proof
☐ Personal delivery with written receipt

Signature of Claimant or Authorized Agent: ______________________________
Print name / title: [________________________________]

WARNING TO CLAIMANT: Determine the correct subsection before relying on an exemption from notice. The general-property rule addresses direct contracts with the owner, owner's agent, or lessee; the owner-occupied dwelling rule has different wording. Retain proof of timely mailing.

Part B — Claim of Mechanics Lien

MECHANIC'S LIEN STATEMENT

Filed pursuant to KRS § 376.080
Commonwealth of Kentucky, County of [________________________________]

The undersigned, being first duly sworn, deposes and states as follows:

1. Claimant Information

• Name: [________________________________]
• Address: [________________________________]
• Phone: [________________________________]
• Email: [________________________________]
• Capacity: ☐ Original Contractor ☐ Subcontractor ☐ Material Supplier ☐ Architect/Engineer/Surveyor (KRS 376.075) ☐ Other: [_________]

2. Owner of Record

• Name: [________________________________]
• Address: [________________________________]

3. Person Who Contracted With Claimant (if not the owner)

• Name: [________________________________]
• Address: [________________________________]

4. Description of Property

• Street address: [________________________________]
• County: [________________________________]
• PIDN / Deed book / page: [________________________________]
• Legal description:

[____________________________________________________________]
[____________________________________________________________]

5. Statement of Account

• Description of labor and/or materials furnished:

[____________________________________________________________]

• Date first furnished: [__/__/____]
• Date last furnished: [__/__/____]
• Original contract amount (if known): $[____________]
• Amount paid: $[____________]
• Credits / offsets: $[____________]
• Amount due and unpaid (lien amount): $[____________]

6. Pre-Lien Notice (if applicable)

A Notice of Intent to Hold Mechanic's Lien was sent to the owner on [__/__/____] by [☐ certified mail ☐ registered mail ☐ personal delivery]. ☐ Not required because claimant contracted directly with the owner.

7. Verification

I, [________________________________], being first duly sworn, state under oath that I am the claimant or an authorized agent of the claimant; that the foregoing statement is true and correct to the best of my knowledge, information, and belief; and that the amount claimed is justly due and owing.

Signed: ______________________________
Print name / title: [________________________________]
Date: [__/__/____]

COMMONWEALTH OF KENTUCKY )
) ss.
COUNTY OF [________________] )

Subscribed and sworn to before me by [________________________________] on this [____] day of [____________], 20[____].

Notary Public: ______________________________
My commission expires: [__/__/____]

RECORDING: File the original verified statement with the County Clerk of the county where the property is located, within 6 months after the claimant last furnished labor or materials (KRS 376.080(1)).

Part C — Filed Lien Statement Copy to Owner

TRANSMITTAL OF FILED MECHANIC'S LIEN STATEMENT

Sent pursuant to KRS 376.080(1)
Mailing deadline: Within seven (7) days after filing the Mechanic's Lien Statement with the County Clerk.

Date: [__/__/____]

To (Record Owner):
[________________________________]
[________________________________]
[______________________], KY [_______]

RE: Mechanic's Lien Statement filed against your property

You are hereby notified that on [__/__/____], the undersigned filed a Mechanic's Lien Statement against the property commonly known as [________________________________], [______________] County, Kentucky, in the Office of the County Clerk of [______________] County, Kentucky, in Book [_______], Page [_______], or as Instrument No. [_______________].

Amount of lien: $[____________]
Claimant: [________________________________]
Claimant address: [________________________________]
Claimant phone: [________________________________]

A true and correct copy of the filed Mechanic's Lien Statement is enclosed.

REGULAR-MAIL RECORD:
☐ Mailed to the owner's last-known address
☐ Mailing date, postage, address, and retained copy documented

Signature of Claimant or Authorized Agent: ______________________________

WARNING TO CLAIMANT: KRS 376.080(1) requires the claimant, within 7 days after filing, to send a copy of the statement by regular mail to the owner at the owner's last-known address. The lien is dissolved if the copy is not sent as that subsection provides.

Part D — Suit to Foreclose

COMPLAINT TO ENFORCE MECHANIC'S LIEN

Filed pursuant to KRS §§ 376.090 and 376.110
Filing deadline: Within twelve (12) months after the lien statement was filed with the County Clerk.

COMMONWEALTH OF KENTUCKY
[______________] CIRCUIT COURT
CIVIL ACTION NO. [______________]

VERIFIED COMPLAINT TO ENFORCE MECHANIC'S LIEN, FOR BREACH OF CONTRACT, AND FOR ATTORNEY FEES

Plaintiff, [CLAIMANT NAME], by counsel, states for its Complaint as follows:

PARTIES, JURISDICTION, AND VENUE

1. Plaintiff is a [entity type] with its principal place of business at [________________________________].

2. Defendant [OWNER NAME] is the record owner of the real property at issue.

3. Defendant [CONTRACTING PARTY] is the party with whom Plaintiff contracted to furnish labor and/or materials.

4. Defendant [MORTGAGEE] holds a recorded interest in the property.

5. This Court has jurisdiction under KRS § 23A.010, and venue is proper in [______________] County under KRS § 452.400 because the property at issue is located in this county.

FACTUAL ALLEGATIONS

6. The real property at issue (the "Property") is commonly known as [________________________________], [______________] County, Kentucky, and is more particularly described as:

[____________________________________________________________]

7. Beginning on or about [__/__/____], Plaintiff furnished labor and/or materials for the improvement of the Property at the request of [CONTRACTING PARTY].

8. Plaintiff last furnished labor and/or materials on [__/__/____].

9. The reasonable value of labor and/or materials furnished is $[____________]; Plaintiff has been paid $[____________]; and the unpaid balance is $[____________].

10. ☐ Plaintiff contracted directly with the owner and was not required to give pre-lien notice. ☐ Plaintiff was not in direct contract with the owner and timely gave a Notice of Intent to Hold Lien on [__/__/____], in compliance with KRS 376.010(4) or (5), as applicable.

11. Plaintiff timely filed a verified Mechanic's Lien Statement in the Office of the [______________] County Clerk on [__/__/____], in Book [_______], Page [_______], in compliance with KRS 376.080.

12. Plaintiff sent a copy of the lien statement by regular mail to the owner at the owner's last-known address within 7 days after filing, on [__/__/____], in compliance with KRS 376.080(1).

COUNT I — Enforcement of Mechanic's Lien (KRS 376.090 and 376.110)

13. Plaintiff incorporates the preceding paragraphs.

14. Plaintiff holds a valid mechanic's lien upon the Property securing the unpaid amount of $[____________].

15. Plaintiff is entitled to a judgment enforcing the lien, ordering the sale of the Property, and applying the proceeds to satisfy the lien.

COUNT II — Breach of Contract

16. Plaintiff incorporates the preceding paragraphs.

17. Defendant [CONTRACTING PARTY] breached the parties' contract by failing to pay Plaintiff. Plaintiff has been damaged in the amount of $[____________], plus interest at the legal rate.

COUNT III — Unjust Enrichment (in the alternative)

18. Plaintiff incorporates the preceding paragraphs.

19. Defendants have been unjustly enriched by retaining the benefit of Plaintiff's labor and/or materials without payment.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff demands judgment:

a. Adjudging that Plaintiff has a valid mechanic's lien upon the Property in the amount of $[____________], with interest from [__/__/____];

b. Ordering the Property sold under decree of this Court and the proceeds applied to satisfaction of the lien;

c. Awarding Plaintiff its costs and reasonable attorney fees as allowed by contract or law;

d. Awarding such other relief as the Court deems just.

DATED this [____] day of [____________], 20[____].

[________________________________]
Counsel for Plaintiff
Kentucky Bar Roll No. [______________]

VERIFICATION

I, [________________________________], being first duly sworn, state under oath that I am the [title] of Plaintiff, that I am authorized to make this verification, and that the factual allegations of the foregoing Complaint are true and correct to the best of my knowledge, information, and belief.

Signed: ______________________________ Date: [__/__/____]

Subscribed and sworn before me this [____] day of [____________], 20[____].

Notary Public: ______________________________

Part E — Pre-Filing Checklist

☐ Confirm claimant's status: original contractor (no pre-lien notice required) vs. subcontractor/supplier (pre-lien notice required).
☐ Identify project type: owner-occupied single/two-family dwelling vs. commercial.
☐ For owner-occupied dwellings, calendar 75-day pre-lien notice deadline from last labor/materials (KRS 376.010(5)).
☐ For general property, classify claim size: < $1,000 → 75-day notice; > $1,000 → 120-day notice (KRS 376.010(4)); obtain counsel for exactly $1,000.
☐ Send the pre-lien Notice of Intent to the correct statutory recipient and preserve proof of mailing; KRS 376.010(4)(b) and (5)(b) do not require certified mail.
☐ Pull current deed and title commitment; confirm record owner, legal description, and senior encumbrances.
☐ Calendar 6-month lien statement filing deadline measured from last labor or materials furnished (KRS 376.080(1)).
☐ Prepare verified Lien Statement including: claimant identity, owner identity, hiring party, property description, account/amounts, dates of first/last work.
☐ Notarize the Lien Statement.
☐ File the original Lien Statement with the County Clerk of the county where the property is located.
☐ Within 7 days of filing, send a copy of the filed Lien Statement by regular mail to the owner at the owner's last-known address (KRS 376.080(1)).
☐ Calendar 12-month foreclosure deadline measured from filing of the Lien Statement (KRS 376.090(1)).
☐ If priority over a later mortgage is needed, confirm a KRS 376.010(2) "intent to perform" statement was filed before the mortgage was recorded.
☐ Confirm whether the project is governed by KRS 376.210 et seq. (public-improvement lien framework) — Kentucky public projects use bond claims, not real-property liens.
☐ Document the lienable scope; remove non-lienable items (e.g., supplies not delivered to the site, services not resulting in improvement).
☐ Evaluate risk of slander-of-title and bad-faith-lien claims before filing.

Sources and References

• KRS § 376.010 — https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54156
• KRS § 376.075 — https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=35288
• KRS § 376.080 — https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=35289
• KRS § 376.090 — https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=35290
• KRS § 376.110 — https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=35292
• Kentucky Department of Housing, Buildings and Construction Kentucky Lien Law guide — https://dhbc.ky.gov/Documents/KHBC_KY_Lien_Law_2019.pdf
• Kentucky Court of Justice — https://kycourts.gov/