We have a customer that wants to pick up material at our shop for a job in Kentucky. Would we still be entitled to lien rights? We do have a signed contract with the customer.
In general, you would have lien rights for supplying material to a project in Kentucky.
Under KRS 376.010(1) "Any person who performs labor or furnishes materials, for the erection, altering, or repairing of a house or other structure..., by contract with, or by
the written consent of, the owner, contractor, subcontractor, architect, or authorized
agent, shall have a lien thereon, and upon the land upon which the improvements
were made or on any interest the owner has therein, to secure the amount thereof
with interest as provided in KRS 360.040 and costs. "
You potentially have two issues: first, since your customer is picking the material up, rather than you delivering it on site, it is possible that you could be put in position to prove that your material was actually used on the site; and, second, your customer has to be a contractor or subcontractor. A materialman supplying to another materialman cannot claim a lien.