Thursday, December 12, 2013

Kentucky's Mechanic Lien

In Kentucky, liens filed on private property or on funds relating to a public project are known as Kentucky Mechanic's Liens. When a Kentucky mechanics lien is filed with regard to work performed on privately owned property, it attaches to and encumbers the fee simple ownership of property. When a Kentucky mechanics lien is filed with regard to work performed on a publicly or government owned property, it attaches to the fund of money which the public agency has allocated for a project. The reason for this is that you cannot force the sale of publicly owned land (public agencies mean any county, city, town, township, public commission, public board or other municipality authorized by law to make contracts for the making of any public improvement in any city, town, township or other municipality).
Contractors, as well as subcontractors, sub-subcontractors and suppliers who have a contract with a general contractor or a subcontractor can file a Kentucky mechanics lien.

Are pre-lien notices for a Kentucky mechanics' lien Claim required?

In some instances. All potential Kentucky mechanics lien claimants must serve a formal notice on the owner by regular mail within 7 days of the filing of the Kentucky construction lien statement. Additionally, lienors without written contracts with the owner must notify the owner in writing within 75 days of last work for contracts of $1,000 or less and within 120 days for contracts exceeding $1,000.00. When owner-occupied single or double family dwellings are involved, the notice to the owner must be within 45 days.


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