Kentucky Notice to Owner Form

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Get help filing your Kentucky Preliminary Notice

This free Kentucky Notice to Owner form may be used to provide preliminary notice on residential and commercial projects. This form was created by construction attorneys to meet the requirements found in Kentucky Code § 376.010 et. seq.

Who should use the Notice to Owner form

According to Kentucky’s preliminary notice requirements, certain parties must provide a Notice to Owner, depending on their role, the project type, and the value of the contract.

Kentucky requires you to provide a Notice to Owner in Kentucky if:

You are working on an owner-occupied residential project in Kentucky and you do not have a direct contract with the owner
You are working on any other residential or commercial project and do not have a direct contract with the owner

How to use the Kentucky Notice to Owner form

After downloading the form, fill out the form fields completely and accurately. Once completed, the form must be sent to the property owner within 75 days after last furnishing.

Not sure where to start? Read the Levelset Guide to Kentucky’s Notice to Owner.

Information you’ll need to fill out the form

Your business name & address
The property owner’s name & address
Your hiring party’s name & address
The name & address of the property
A description of the work or materials you’re providing
The amount due according to the contract

Rules and regulations for sending a Kentucky Preliminary Notice

Deadline for Property Owner / Public Entity to send the Kentucky Preliminary Notice

75 days after

Last Furnishing Date

To preserve your lien rights, a Notice of Intent To Lien must be sent to the property owner within 75 days from when you last furnished labor and/or materials to an owner occupied residential project.

120 days after

Last Furnishing Date

To preserve your lien rights, you must send a notice of intent to lien to the property owner within a specific time period in Kentucky. Typically, this period is 120 days, and this deadline marks the end of that 120 day period. However, if your claim is for $1,000 or less, or if you performed work on an owner-occupied residential dwelling, the period is shortened to 75 days.

Information that goes on Kentucky Preliminary Notice

Total Contract Amount

Amount of Your Lien Claim

Identify the total amount of your lien claim. This should be the total amount owed to you, after applying all credits, for labor and/or materials furnished to the project.

Hiring Party Role

Please identify the hiring party (party with whom the contract was entered into) as either: property owner, community association, contractor, or subcontractor.

Select Unpaid Invoices

Select which invoices to associate with this order.

Description of Labor

Describe your contribution to the project as if you’re speaking to someone who isn’t in the construction industry. For examples, go to levelset.com/description-of-labor

Who should you send this notice to?

Mail to the Property Owner / Public Entity with Affidavit of Service

After completing the Kentucky Notice to Owner Form, you must deliver it to the appropriate parties required by statute. Notices are typically served on the property owner and, for sub-tier parties, the general contractor. However, depending on the type of notice, it can be helpful to send notices to anyone else who is in charge of your payment, like a lender or surety company on the project.

Others are asking about Kentucky Preliminary Notice

As a truck driver, can I file a lien on a tractor trailer for unpaid wages?

Thank you for reaching out to the Levelset legal community. If you are in need of specific advice for a current legal situation, you may want to consider reaching out to a licensed attorney in your state directly at their office. This forum is public, so it may not be the right place to discuss a sensitive legal issue. Levelset provides a list of attorneys in each state here: https://www.levelset.com/payment-help/experts/experts-by-state/ . From that directory you may find a law firm in your area to call privately.

Answered by Julie Gelderblom | Levelset Admin

What Notice to send

You will need to document your expenses and send a formal request for a change order. Essentially you are making a delay claim, which is somewhat complex and highly dependent on the specific language in your contract.

Please contact an experienced construction attorney in your jurisdiction.

Answered by Margie Loeser | Attorney

Does a preliminary notice for the state of Kentucky have to be filed with the courthouse ?

It is outside of the norm for a preliminary notice to be filed against a public project in Kentucky. First, although a preliminary notice is mentioned in KRS 376.210(2), it is NOT mentioned in KRS 376.210(3) which specifically refers to projects owned by a governmental entity. Second, it is highly unusual for any public project in Kentucky to not be covered by a payment bond.

To answer your question, since you have filed a document pursuant to KRS 376.210, it is technically proper for it to be filed as a lien at the courthouse. If you have perfected it, the City must withhold the money claimed from the unpaid funds due the GC.

I would be concerned about KRS 376.220(3) which provides:

If any person files a statement asserting a lien against any contractor on any fund due the contractor, for an amount in excess of the amount actually due, the person filing the lien shall be liable to any person damaged thereby to the extent of such damage, including reasonable court costs and attorney's fees incurred by the injured parties. Any such claim for damages may be asserted and prosecuted in the county in which the lien statement was filed.

Please contact an attorney

Answered by Margie Loeser | Attorney

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Other forms to use in Kentucky

Kentucky Final Conditional Lien Waiver Form

Kentucky Final Unconditional Lien Waiver Form

Kentucky Mechanics Lien Form

Kentucky Mechanics Lien Release Form

Kentucky Notice of Intent to Lien Form

Kentucky Notice to Owner Form

Kentucky Partial Conditional Lien Waiver Form

Kentucky Partial Unconditional Lien Waiver Form

Kentucky County Recorders

Looking to file/record a mechanics lien in Kentucky? You'll need to get your Kentucky mechanics lien filed and recorded with the county recorder in the county where the construction project is located. Here is a listing of all county recorders in Kentucky. Click on any county to find more information about how to get your lien recorded in that county.