Kentucky Notice of Intent to Hold a Lien — KRS 376.010 / § 376.080 / § 376.090 Filing Guide (2026)
✓ Verified against Kentucky statutes · Reviewed August 2026 · By Michael Evan — Founder · 50 states · 799 rules
Kentucky mechanics lien deadlines at a glance
Preliminary Notice
75-120 days — Intent to file notice
Mechanics Lien
6 months — From last date of furnishing
Enforcement
1 year — From filing
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What Is the Kentucky Mechanics' Lien Framework and How Does the Lien Workflow Operate?
Kentucky's mechanics' lien framework is KRS Chapter 376. For a claimant who did not contract directly with the owner, the workflow is: (1) give the owner the Notice of Intent to Hold a Lien within 75 days (claim of $1,000 or less, or any owner-occupied single- or two-family dwelling) or 120 days (claim over $1,000) of last work (KRS 376.010); (2) file the verified statement of lien with the county clerk of the county where the property lies within 6 months of last labor or materials (KRS 376.080); (3) mail a copy of the filed statement to the owner within 7 days of filing, or the lien dissolves (KRS 376.080); and (4) bring the enforcement action within 12 months of filing the statement (KRS 376.090). A general contractor in direct contract with the owner follows the same filing, mailing, and enforcement steps but is excused from the pre-lien Notice of Intent. Kentucky is distinctive in three respects: the graduated Notice of Intent (75 or 120 days depending on the dollar amount of the claim, with a 75-day rule for owner-occupied homes regardless of amount), the 7-day post-filing mailing requirement that dissolves an otherwise perfect statement if missed, and the owner-occupant good-faith-payment safe harbor that places amounts the homeowner already paid the contractor before the notice beyond the lien.
Who Must Give Notice — and Who Must File the Statement
Every eligible tier on a Kentucky project can perfect a lien by filing the KRS 376.080 statement, but the Notice of Intent obligation falls only on claimants who are not in privity with the owner. A general (prime) contractor in direct contract with the owner files the KRS 376.080 statement within the 6-month window, mails the owner's copy within 7 days, and enforces within 12 months; it does not have to give the KRS 376.010 pre-lien Notice of Intent. A claimant without a direct contract with the owner — a first-tier subcontractor, a lower-tier sub, a laborer, or a material supplier to a contractor — must give the owner the KRS 376.010 Notice of Intent within 75 days (claims of $1,000 or less, or any owner-occupied dwelling) or 120 days (claims over $1,000) of last work before it can perfect a lien. The notice must reach the owner or the owner's genuine agent — not the contractor, who cannot serve as the owner's agent for this purpose. On an owner-occupied residence, the lien then reaches only amounts the owner had not yet paid the contractor in good faith when the notice was given.
The Graduated Notice of Intent & the 7-Day Mailing Rule — Kentucky's Timing Traps
Two Kentucky features catch out-of-state claimants. First, the graduated Notice of Intent under KRS 376.010: a claimant not in privity with the owner must give written notice of intent to hold a lien within 75 days of last work for a claim of $1,000 or less, and within 120 days for a claim over $1,000; on an owner-occupied single- or two-family dwelling the window is 75 days regardless of the claim amount. Because the deadline turns on the size and type of the claim, a claimant who assumes a single flat number can serve the notice on time for a large commercial claim yet miss it on a small residential one. The notice goes to the owner or the owner's genuine agent, and the statute bars the contractor or subcontractor from acting as that agent. Second, the 7-day post-filing mailing requirement under KRS 376.080: after filing the verified statement of lien with the county clerk within 6 months of last work, the claimant must mail a copy to the property owner within 7 days of filing or the lien is dissolved. This is a separate step from the 6-month filing deadline and it is silent — a claimant who files a flawless statement on time and forgets the short mailing window loses the entire lien.
KRS 376.080 Statement, the 6-Month Deadline, and the § 376.090 Enforcement Window
The verified statement of lien is filed with the county clerk of the county where the property lies, within 6 months of the claimant's last work, under KRS 376.080. A copy must be mailed to the owner within 7 days of filing or the lien dissolves, and the action to enforce the lien must be brought within 12 months of filing the statement under KRS 376.090. The statement must be subscribed and sworn to and must contain the amount claimed, a description of the property sufficient to identify it, the name of the owner if known, and the name of the contractor or other person by whom the claimant was employed or to whom the materials were furnished. The 75/120-day notice clock, the 6-month filing clock, and (through the filing date) the 7-day mailing and 12-month enforcement clocks all run from the claimant's last day of work or last delivery — not the invoice date, a punch-list visit, or overall project completion. Fixing the correct last-furnishing date for the specific claimant is essential.
The Good-Faith-Payment Safe Harbor, the Fairness in Construction Act, and Lien Waivers
On an owner-occupied single- or two-family dwelling, KRS 376.010 protects the homeowner from paying twice: a claimant who did not contract with the owner cannot reach amounts the owner already paid the contractor or subcontractor in good faith before receiving the Notice of Intent. Every payment the owner makes to the contractor before the notice arrives is beyond the lien, which makes the timing of the Notice of Intent decisive on residential work. On commercial and non-owner-occupied property the safe harbor does not apply in the same way, and Kentucky is otherwise a full-price lien state rather than a strict unpaid-balance state. When the lien is weak or gone — the notice was late, the 7-day mailing was missed, or the owner paid in good faith on a residence — Kentucky gives claimants the Kentucky Fairness in Construction Act, KRS 371.400 to 371.425: on covered commercial construction (residential is excluded), an owner must pay an undisputed contractor pay request within 30 business days and a contractor must pay its subcontractors within 15 business days, with 12 percent annual interest on unpaid amounts and a bar on clauses that waive lien rights or force out-of-state dispute resolution. On the waiver side, a Kentucky claimant may give ordinary conditional and unconditional lien waivers in exchange for progress payments but should never sign an unconditional waiver before the corresponding payment has cleared.
Filing Fees and Where to File
The Kentucky statement of lien is filed with the county clerk of the county where the property is located — one of Kentucky's 120 counties. Because the lien is perfected by recording a verified statement rather than by a court petition, the principal cost is the county clerk's recording fee (commonly $15–$50 depending on the county and page count), plus the cost of mailing the required owner's copy within 7 days (regular mail, typically under $10, though certified mail with proof is the safer practice). The larger cost comes only if the lien is contested: enforcing the lien under KRS 376.090 is a civil foreclosure suit, which adds a circuit-court civil filing fee (commonly $150–$250) plus service costs, and a contested foreclosure with a disputed Notice of Intent or a disputed good-faith-payment defense can run several thousand dollars in attorney time. Confirming the correct county clerk before filing is a basic Kentucky intake step — and confirming that any non-privity claimant gave the 75/120-day Notice of Intent, that the statement is verified and filed within 6 months, that the owner's copy was mailed within 7 days, that the good-faith-payment safe harbor does not zero out a residential claim, and that the 12-month enforcement deadline is calendared from the filing date is the most important one.
Frequently Asked Questions
What is the deadline to give a Kentucky Notice of Intent to Hold a Lien under KRS 376.010?
Under KRS 376.010, a claimant who does not contract directly with the property owner — a subcontractor, supplier, or laborer — must give the owner written notice of intent to hold a lien, and the deadline is graduated by the size of the claim: for a claim of $1,000 or less, within 75 days after the last labor was performed or materials furnished; for a claim over $1,000, within 120 days. On an owner-occupied single- or two-family dwelling, the notice must be given within 75 days regardless of the amount of the claim. The notice is given to the owner or the owner's authorized agent — but the contractor or subcontractor cannot serve as the owner's agent for receiving it. A general contractor who contracts directly with the owner does not have to give this pre-lien Notice of Intent. Missing the 75-day or 120-day notice is fatal to a non-privity claimant's lien.
When and where must a Kentucky statement of lien be filed under KRS 376.080?
Under KRS 376.080, the statement of lien must be filed with the county clerk of the county in which the property is located within 6 months after the claimant last performed labor or furnished materials. The statement must be subscribed and sworn to and must contain the amount claimed, a description of the property sufficient to identify it, the name of the owner if known, and the name of the contractor or other person by whom the claimant was employed or to whom the materials were furnished. Critically, a copy of the filed statement must be mailed to the property owner at the owner's last known address within 7 days of filing, or the lien is dissolved. The 6-month filing deadline and the 7-day mailing requirement are two separate, independent steps — a claimant who files the statement on time but never mails the owner's copy within 7 days loses the lien just as surely as one who files late.
What is the Kentucky 7-day mailing requirement, and what happens if you miss it?
KRS 376.080 requires that, within 7 days after filing the statement of lien with the county clerk, the claimant mail a copy of the statement to the property owner at the owner's last known address. The statute provides that the lien is dissolved if the copy is not mailed within the 7 days. It is one of Kentucky's quietest traps because a claimant who correctly identifies the 6-month filing deadline and files a perfect, verified statement can still lose the entire lien by forgetting the short post-filing mailing step. The 7-day clock runs from the date the statement is filed, not from last work, so it must be calendared the moment the statement is recorded. Because the consequence is dissolution of the lien, the safe practice is to mail the owner's copy the same day the statement is filed and to retain proof of mailing.
How long does a Kentucky mechanics' lien last and when must suit be filed under KRS 376.090?
Under KRS 376.090, an action to enforce a Kentucky mechanics' lien must be brought within 12 months after the statement of lien is filed with the county clerk, or the lien is dissolved by operation of law. The 12-month enforcement clock runs from the filing date of the statement — not from the last day of work and not from the date of the Notice of Intent — so it should be calendared the moment the statement is recorded, alongside the 7-day mailing deadline. The enforcement action is a civil suit to foreclose the lien and sell the property to satisfy the debt. Partial payments, settlement negotiations, and the owner's promises to pay do not pause the 12-month clock. A claimant who records a valid statement and then waits past 12 months without filing the enforcement suit loses the lien entirely, even though the underlying debt may still be collectible by an ordinary breach-of-contract action.
Does a Kentucky homeowner who already paid the contractor still owe a subcontractor's lien?
On an owner-occupied residence, generally not for amounts already paid in good faith. KRS 376.010 protects an owner-occupant of a single- or two-family dwelling from paying twice: the lien of a claimant who did not contract with the owner does not reach amounts the owner had already paid to the contractor or subcontractor in good faith before the owner received the Notice of Intent. In practice, every dollar the homeowner paid the general contractor before the subcontractor's 75-day notice arrived is a dollar the subcontractor may never reach. This makes the timing of the Notice of Intent decisive on residential work. The statute also bars the contractor or subcontractor from acting as the owner's agent to receive the notice. On commercial and non-owner-occupied property the good-faith-payment safe harbor does not apply in the same way, and Kentucky is otherwise a full-price lien state rather than a strict unpaid-balance state.
Can a Kentucky contractor use the Fairness in Construction Act if the lien is weak?
Yes. The Kentucky Fairness in Construction Act, KRS 371.400 to 371.425, gives contractors, subcontractors, and suppliers a separate prompt-payment remedy that operates independently of the mechanics' lien and matters most when the lien is weak or gone. On covered private and public commercial construction contracts (residential construction is excluded), an owner must pay an undisputed contractor pay request within 30 business days, and a contractor must pay its subcontractors within 15 business days of receiving payment; unpaid amounts accrue interest at 12 percent per year. The Act also voids contract clauses that purport to waive a party's lien rights, force out-of-state dispute resolution, or waive delay damages. Because the prompt-payment remedy reaches the party that actually withheld payment and adds 12 percent statutory interest, a Kentucky claimant whose lien was lost should evaluate a Fairness in Construction Act claim alongside or instead of the lien.
How does Kentucky handle public projects and federal projects?
No mechanics' lien attaches to public property in Kentucky. On public construction, an unpaid subcontractor or supplier has two routes: a claim against the prime contractor's payment bond required under the Kentucky Model Procurement Code (KRS 45A.190, with the bond requirement on public construction contracts generally over the statutory threshold under KRS 45A.435), and a public-improvement lien on the unpaid funds the public authority still owes the contractor under KRS 376.195 to 376.260 (filed with the public authority and the county clerk, generally within 60 days after the last day of the month of furnishing, because public property itself cannot be liened). On federal projects — Fort Campbell, Fort Knox, and the Blue Grass Army Depot at Richmond — the federal Miller Act at 40 U.S.C. § 3131 et seq. governs, requiring payment bonds on federal construction contracts over $100,000 with a 90-day notice and one-year suit timing. A claimant on a public or federal job should pursue the bond and the public-funds lien, not a void lien against public land.