Kentucky Lien Waiver Rules
- Rules At A Glance
- Top Links
No Specific Form
Kentucky does not require or provide any specific lien waiver form. Any form may be used and be effective.
Notarization Not Required
Kentucky does not require lien waivers be notarized to be effective.
Cannot Waive Rights in Contract
Kentucky law states that “provision[s] that purport to waive, release, or extinguish [mechanics lien rights], with the exception of partial waivers of lien rights provided by the contractor or subcontractor for progress payments” are void and unenforceable as against public policy.
Cannot Waive Rights Before Payment
Kentucky law states that “provision[s] that purport to waive, release, or extinguish [mechanics lien rights], with the exception of partial waivers of lien rights provided by the contractor or subcontractor for progress payments” are void and unenforceable as against public policy.
Kentucky lien waivers are mostly unregulated with respect to the form or specific language necessary to make the waiver effective. However, there are rules related to when a lien waiver can be given and be effective.
Kentucky does not provide a statutory lien waiver form templates, and doesn’t really provide much guidance on how a lien waiver should be drafted. Participants on Kentucky construction projects have quite a lot of freedom to choose what they want their lien waivers to say.
There are limitations related to when lien waivers can be requested and provided, however. In Kentucky the law states that “provision[s] that purport to waive, release, or extinguish [mechanics lien rights], with the exception of partial waivers of lien rights provided by the contractor or subcontractor for progress payments” are void and unenforceable as against public policy.
Despite this protection limiting lien waiver effectiveness to partial waivers related to progress payments, construction participants in Kentucky should pay careful attention to lien waivers. The resources, forms, guides, and frequently asked questions about Kentucky Lien Waivers on this page will help you get it right.
