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Mechanics'/Materialman's Lien

Q.        What are the requirements for obtaining a valid mechanics'/materialman's lien on a privately owned commercial construction project?

            A.        Any person or company that performs labor or provides materials to a commercial construction project may file a lien against the privately owned real property upon which the project is being constructed. 

            If the lien claimant does not have a contract directly with the owner of the real property, KRS 376.010(3) requires the lien claimant to provide written notice to the owner of the real property within 75 days on claims amounting to less than $1,000 and 120 days on claims in excess of $1,000, after the last item of material or labor is furnished to the project.

            In order to perfect the lien, the lien claimant must also file a lien statement in the form prescribed by KRS 376.080 in the office of the County Clerk in which the real property is located.  The lien statement must be filed in the County Clerk's office within 6 months after the lien claimant ceases to perform labor or furnish material and a copy of the lien statement must be mailed to the owner within seven days of filing the lien statement.

            KRS 376.090 states that the claimant's lien will be dissolved unless a lawsuit is filed within 12 months from the date the lien statement is filed in the County Clerk's office.

            Unfortunately, there are numerous -�Å"pitfalls-�� a lien claimant can encounter when attempting to properly perfect a mechanics'/materialman's lien.  Kentucky's statutes set forth different requirements for liens on public projects and residential projects. You should consult with an attorney to insure you comply with all of the statutory requirements when filing a mechanics'/materialman's lien.