what do you need to file a mechanics lien

1 week ago

do you have to have a signed contract in order to file a mechanics lien

Legal Associate Levelset

Whether or not a written contract is required to file a mechanics lien varies from state to state. Ky. Rev. Stat. §376.010(1) sets out the requirements needed to have mechanics lien rights in Kentucky: “Any person who performs labor or furnishes materials… by contract with, or by written consent of the property owner.” Therefore, a written contract is required in order to have the right to file a Kentucky mechanics lien.

But that doesn’t mean all options for recovery are lost. Unpaid contractors can send payment demand letters, or threaten a claim under the Kentucky prompt payment laws. If those options don’t work, the debt can be passed off to a collections agency. And lastly, if all else fails, contractors can still file a lawsuit for breach of contract or unjust enrichment.

Good luck!

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