what do you need to file a mechanics lien

7 months ago

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

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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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Disclaimer: Disclaimer: NOTE. The information presented here is for informational purposes only. It is not legal advice and should not be construed nor relied upon as such. Furthermore, this posting does not create an attorney-client relationship. If you need legal advice, seek the counsel of a licensed, local attorney.
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