MARGIE LYNN LOESER was admitted to the Kentucky Bar in 1988. She received a Bachelor of Architecture from the University of Kentucky, and her law degree from the University of Louisville. She serves as an arbitrator in numerous disputes, and has been a construction and commercial panel member of the American Arbitration Association since 1988. She was the first Kentucky arbitrator appointed to the Large and Complex Case Panel.More...More...
First, how did the subcontractor contact you? If it was service of a lawsuit, contact an attorney immediately. If you don't answer and raise your defenses, you could end up with a judgment against you even if the lien is not valid. While I am unable to determine whether the lien is technically valid or not based only on your question, my first consideration would be whether your project qualifies as an owner-occupied residence.See More...
It depends on the status of your lien and what they are disputing. A bankruptcy does not automatically void a mechanics lien, BUT, under K.R.S 376.090, a mechanic’s lien will dissolve and become unenforceable 12 months after the date the Lien Statement has been filed with the County Clerk, unless the lien holder has filed a lawsuit to enforce the lien within that time frame. This is the most common problem in enforcement of a lien because the US BaSee More...See More...
K.R.S 376.075 entitles engineers, architects, surveyors, landscapers and real estate brokers to file mechanic’s liens on property to recover unpaid fees, under certain conditions. The architect must be licensed in Kentucky. The fees must be resulting from the performance of professional services, or services as defined in K.R.S 323.010(3) as “services in connection with the design and construction of a structure or group of structures which have as their prSee More...See More...
If you are not willing to take payments, you could file a lien, assuming, of course, that you file it timely. You would then have to file suit on the lien within 1 year following the lien filing. If you are willing to take payments, you should have a financing agreement with the homeowner which provides for interest and collection costs. See More...
You should contact a business/tax attorney for help setting up your business. It sounds like you might be better off separating the two because they likely have different risks, insurance, and employment issues. Kentucky only issues/requires contractor licenses for electrical, HVAC and plumbing contractors. Different cities and counties have requirements for general contractor licenses. For example, Louisville/Jefferson County has its own requirementsSee More...See More...