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Lein time frame

If I paid a contractor to build a pole barn on my property. My contract said he was doing the concrete but come to find out he subcontracted it out and didn’t pay the guy. The concrete guy is threading me and says he is placing a lien on my property. What is the time frame he has to file I have a picture from 10/23/19 that he completed the concrete. The laws I saw said 75 days. Does he still have a right after 6 months

1 reply

Apr 8, 2020

Kentucky preliminary notice requirements

For a subcontractor to have the right to file a Kentucky mechanics lien, they must first provide a "Notice to Owner." The timing of this notice depends on the type of project and the claim amount.

Generally, notice must be sent no later than 75 days after the last furnishing of labor or materials to the project if the claim is less than $1,000
- If the claim is greater than $1000, then the notice must be sent within 120 days
If the project is an owner-occupied, residential project; the notice will always need to be sent within the 75 day period.

Note, that if the project is an owner-occupied, residential project a mechanics lien will not be effective if the owner has paid the general contractor in full prior to the notice. To have full mechanics lien rights as a subcontractor on such projects, the notice should be sent before any payments are made by the owner. In any case, failing to send the notice within the required time period is fatal to a claimant's mechanics lien rights.

Kentucky mechanics lien filing deadline

If a Notice to Owner was sent in a timely fashion, then the deadline to file a mechanics lien in Kentucky is within 6 months from the last date labor or materials were furnished to the project. This is a firm deadline. If the claim isn't filed within that timeframe, they will no longer have the ability to file their lien claim.

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