Kentucky Notice to Owner Form

Generally, it is not required to release or cancel a filed preliminary notice. This is especially true when the notice at issue is "filed" by sending to the required parties, and not recorded with the county recorder's office. In Kentucky, the generally required preliminary notice is the Notice to Owner, the requirements are set forth by KRS 376.010. This notice must only be delivered to the property owner or the property owner's agent. Since this notice is not recorded in any county records, there is not only no requirement to release the notice, there is no ability to do so. The other potential preliminary notice in Kentucky, and one that is actually recorded, is the Notice of Contract. Unlike the Notice to Owner, the Notice of Contract must be filed in the office of the county clerk in order to be effective. However, Kentucky statutes do not specifically mention the necessity of a release or cancelation of this document. KRS 376.010 states that the recorded notice works to protect lien priority if the notice is "file[d] in the office of the county clerk of the county wherein he has furnished or expects to furnish labor or materials, a statement showing that he has furnished or expects to furnish labor or materials, and the amount in full thereof." And that's pretty much it. Note, however, that pretty much anything that is recorded can have something recorded stating it is cancelled, if the original filer desires to do so, whether or not it is a requirement or even a "known" document. It is not a huge burden to get a document recorded, so if it works to keep a relationship on the rails it may be worth releasing a notice, even if it doesn't really matter.

There is a lot to unpack in this question, let's break it down into distinct parts.

Does this Work Qualify for Mechanics Lien Protection?

While there are not too many details regarding your work on the project, it is clear that a mechanics lien could be properly claimed for work done on the project. In Kentucky, parties entitled to mechanics lien protection include prime contractors, subcontractors, sub-subcontractors, material suppliers, equipment lessors, and licensed design professionals who contracted directly with the owner (architects, engineers, surveyors) on a construction project for the improvement of property.

Where Would the Lien Be Filed - Which Laws/Requirements Apply?

The laws governing any particular mechanics lien are the those of the location of the project. So, in this case, it doesn't matter that you or the GC are in Missouri - since the project is in Kentucky, Kentucky rules and requirements for mechanics liens apply.

What Are the Deadlines / Requirements for Filing a Lien in Kentucky?

Kentucky has mandatory notice requirements prior to the filing of the lien statement for some parties. A preliminary notice is required from any party who did not contract directly with the property owner, or his agent.

If the project was not an owner-occupied residence, all parties not contracting directly with the owner must provide written notice within 120 days of last furnishing labor or materials (since the claim is in excess of $1000). If the project happened to be an owner-occupied residence, the notice period would be shortened to within 75 days of last furnishing labor or materials to the project no matter what the claim amount. Further, any mechanics lien on an owner-occupied residential project is not effective to the extent the owner has paid the contractor, subcontractor or architect prior to receipt of notice.

Accordingly, since 120 days from March 24 is July 22 time may have already run out to protect your ability to file an enforceable lien. More information about Kentucky's lien and notice requirements can be found here: https://www.zlien.com/mechanics-lien/kentucky-lien-law-faqs/

It may be worth some time to talk to an attorney who can more closely examine your contract and situation to find the best way to a potential recovery.

In the future, it can help to take a look at any potential requirements for a different state at the start of the project so you can remain in a secured position.