Kentucky Mechanics Lien Statutes: Deadlines, Venues & Citations
Where Kentucky liens are filed and enforced
A Kentucky mechanics lien is filed with the County Clerk in the county where the project sits — 6 months from last date of furnishing. Filing in the wrong county does not perfect the claim, which matters on projects that straddle county lines. Those are two different clocks against two different offices, and Kentucky claimants lose rights far more often by missing the second one than the first.
Kentucky deadlines by claimant role
For general contractors: Record the lien — 6 months from last furnishing (KRS § 376.010). For subcontractors and suppliers: Record the lien — 6 months from last furnishing (KRS § 376.010); file suit — 1 years from lien recorded (KRS § 376.120); public funds lien — 60 days from end of month last furnishing (KRS 376.210, 376.230, 376.240); file suit — 30 days from protest notice mailed (KRS 376.250(4)); miller act notice — 90 days from last furnishing (40 U.S.C. § 3133(b)(2)); file suit miller act — 1 years from last furnishing (40 U.S.C. § 3133(b)(1)). Every window runs from the claimant's own dates, not the unpaid invoice date.
Rules specific to Kentucky
Prime must file statement of lien within 6 months of last furnishing of labor or materials. No preliminary notice required. File statement of lien within 6 months of last furnishing. Serve copy on owner within 30 days of filing. File suit to enforce lien within 1 year of recording. Kentucky's bond statutes (KRS 45A.190 state, 45A.435 local: 100% payment bond over $100,000) set NO claimant notice and NO suit deadline. The statutory remedy is a lien on the funds due the contractor: a sworn statement filed, whichever is LATER, within 60 days after the last day of the month in which labor or materials were last furnished, or by the date of substantial completion (KRS 376.230(1)); the lien attaches only to the unpaid balance from delivery of the attested copy to the public owner (KRS 376.210(3)). Under KRS 376.250 the public authority withholds the lien amount; unless the contractor files a written protest within 30 days of delivery, the authority pays the claimant. If the contractor protests, the claimant must sue AND have summons served on the public authority or its chairman within 30 DAYS after the protest notice is mailed, or the lien is automatically released. Suit on the payment bond itself has no statutory deadline in ch. 45A; the bond form's own terms govern. Second-tier claimants only. No notice = no bond claim. File no sooner than 90 days AND no later than 1 year. 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.
How Kentucky notices must be served
Kentucky requires 75-120 days — Intent to file notice. Accepted delivery for the notices tracked here: Attested copy to the contractor by Certified Mail RRR or Registered Mail; signed copy of the letter + post office receipt filed with the public authority; Certified Mail, Return Receipt Requested. Service runs to the Prime Contractor. Keep the proof of service in the project file — Kentucky disputes over whether a notice was properly served are decided on that documentation.
Public projects in Kentucky
No lien attaches to public property in Kentucky. On public state local and public federal work the remedy is a payment bond claim instead — public funds lien within 60 days of end of month last furnishing, served on the County clerk of the county where the public owner's seat of government is located; attested copy delivered to the public authority; attested copy mailed to the contractor or subcontractor (KRS 376.210, 376.230, 376.240). 4 public-project deadlines are tracked for Kentucky.
Kentucky statute citations
The Kentucky deadlines above come from KRS § 376.010, KRS § 376.120, KRS 376.210, 376.230, 376.240, KRS 376.250(4), 40 U.S.C. § 3133(b)(2), 40 U.S.C. § 3133(b)(1), KRS § 371.405, KRS § 371.410. Statutes are amended periodically — verify current text before relying on any date, and consult a licensed Kentucky construction attorney on a specific project.
Frequently Asked Questions
How long do you have to file a mechanics lien in Kentucky?
6 months — From last date of furnishing. The filing goes to the County Clerk in the project's county. See KRS § 376.010. The clock runs from the claimant's own last furnishing or completion, not the invoice date.
Where do you file a mechanics lien in Kentucky?
With the County Clerk in the county where the property is located. Recording in the wrong county does not perfect the lien.
Does Kentucky require a preliminary notice?
Yes — 75-120 days. Intent to file notice. Accepted service includes Attested copy to the contractor by Certified Mail RRR or Registered Mail; signed copy of the letter + post office receipt filed with the public authority.
How long do you have to enforce a Kentucky mechanics lien?
1 year — From filing. A recorded lien left unenforced past that window generally expires and can expose the claimant to slander-of-title risk if it stays on record.
When must retainage be released in Kentucky?
Retainage released within 30 days of substantial completion. 10% maximum retainage. (KRS § 371.410).