How to File a Mechanics Lien in Kentucky
Step 1 — Confirm you have lien rights in Kentucky
Kentucky's recorded rules cover general contractors, subcontractors and suppliers (KRS § 376.010). Each of those roles has its own filing window — see Step 3. Kentucky rule detail: Prime must file statement of lien within 6 months of last furnishing of labor or materials. No preliminary notice required.
Step 2 — Send the Kentucky preliminary notice
Kentucky requires a preliminary notice 75-120 days, intent to file notice (KRS § 376.120). It is a precondition, not a formality. It must reach County Clerk and Prime Contractor and Surety and Prime Contractor. Delivery: Certified Mail, Return Receipt Requested. Kentucky rule detail: File statement of lien within 6 months of last furnishing. Serve copy on owner within 30 days of filing.
Step 3 — Your Kentucky filing deadline
Kentucky sets the window by claimant role: • General contractors: within 6 months of your last day of work or materials. • Subcontractors and suppliers: within 6 months of your last day of work or materials. The clock runs from last date of furnishing — not your invoice date. Punch-list and warranty callbacks generally do not restart it. Kentucky rule detail: File suit to enforce lien within 1 year of recording.
Step 4 — Prepare and record the lien in Kentucky
Record in the county where the property sits, under KRS § 45A.595. The document must identify the property, the owner of record, the amount actually owed, and what you furnished. Overstating the amount can void the claim outright. Kentucky rule detail: Written notice within 6 months of last furnishing on public works projects. No lien on public property in KY.
Step 5 — Serve the recorded Kentucky lien
Kentucky requires service on County Clerk and Prime Contractor and Surety and Prime Contractor. Use Certified Mail, Return Receipt Requested and keep the receipt. In many states an unserved lien is unenforceable even though it appears on title. Kentucky rule detail: File suit on payment bond within 1 year of last furnishing.
Step 6 — Enforce before the Kentucky deadline expires
You must sue to foreclose within 1 year (filing) (40 U.S.C. § 3133(b)(2)). Miss it and the lien expires and title clears, leaving only a contract claim. Kentucky rule detail: Second-tier claimants only. No notice = no bond claim.
Retainage rules that affect your Kentucky claim
Kentucky treats retainage on its own schedule (KRS § 371.410), so money still held back may have a different due date than your progress billings. Kentucky rule detail: File no sooner than 90 days AND no later than 1 year.
Other Kentucky requirements that void liens
• Owner must pay within 30 days of invoice. Prime must pay sub within 30 days of receiving payment. Interest at 12%/year on late amounts. • Retainage released within 30 days of substantial completion. 10% maximum retainage.
Frequently Asked Questions
How long do I have to file a mechanics lien in Kentucky?
Kentucky requires the lien to be recorded within 6 months, measured from last date of furnishing. The exact window depends on your role — general contractors: within 6 months of your last day of work or materials.
Do I need to send a preliminary notice before filing in Kentucky?
Yes. Kentucky requires a preliminary notice 75-120 days (intent to file notice). Failing to send it on time generally forfeits your lien rights entirely, regardless of how much you are owed.
Where do I file a mechanics lien in Kentucky?
File with the county recorder's office in the county where the property is located. Filing in the wrong county does not preserve your deadline, and re-filing in the correct county after the deadline will not save the claim.
What happens if I miss the Kentucky filing deadline?
Your lien rights are extinguished. Kentucky courts do not grant extensions for missed mechanics lien deadlines. You would be left with a breach-of-contract claim against whoever hired you, which carries no security interest in the property and is far harder to collect.
How long does a mechanics lien last in Kentucky?
Once recorded, you must file suit to enforce within 1 year (filing). If you do not, the lien expires automatically and no longer clouds the property's title.