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I need help understanding "full price state" and how it relates to my issue.

KentuckyMechanics Lien

I'm getting ready to file a lien on a property I supplied General Contracting work for, here in Kentucky. I'm stuck on the "full price state". I'm not sure if I quite understand it. For reference, my contract value was $61,700. The owner paid me $17,500. We completed approx 75% of the contract when the contract was cancelled. So, how much should I file the lien for?

1 reply

Jan 10, 2022

KRS 376.010(1) provides for a lien for work performed. Therefore, the lien should be filed for the 75% of the work you performed less the payment received by you. A limitation for "unpaid balance" would only come into effect for a subcontractor or material supplier who performed work on an owner-occupied home (the lien "shall not be applicable to the extent that an owner-occupant of a single or double family dwelling or owner of other property as described in this subsection has, prior to receipt of the notice provided for in this subsection, paid the contractor, subcontractor, architect, or authorized agent for work performed or
materials furnished prior to such payment. KRS 373.010(4)), or possibly a public project (the lien is for the full contract price, but attaches only to the remaining funds due the general contractor, rather than the property itself. KRS 376.210(1)).

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