Kentucky Preliminary Notice FAQs

Kentucky does not require a “traditional” preliminary notice to be sent at the outset of the project to secure lien rights. However, there are two notices that can affect a claimant’s lien rights in Kentucky.

Notice to Owner

A Kentucky Notice to Owner must be sent by all parties who didn’t contract directly with the property owner prior to filing a mechanics lien claim.

Notice of Contract

A Kentucky Notice of Contract, on the other hand, isn’t required to secure lien rights but does offer other advantages. If filed, the notice will preserve the lien claimant’s priority over any subsequent mortgages or conveyances recorded against the property.

Notice to Owner

The deadline to send a Kentucky Notice to Owner depends on the project type and the amount claimed to be unpaid.

– Owner-occupied, single/double family dwellings- must send notice no later than 75 days after the claimant’s last date of furnishing labor and/or materials to the project.

Note: the earlier the better as a claim on such projects will be limited to the unpaid balance to the contractor or sub prior to receipt of the notice. 

– All other private projects- the deadline to send notice depends on the amount claimed:

• Claims for $1K or less- no later than 75 days after the claimant’s last furnishing of labor and/or materials;

• Claims over $1K- no later than 120 days after the claimant’s last furnishing of labor and/or materials.

Notice of Contract

There is no specified time frame to file a Notice of Contract. However, if a party elects to file this notice, the earlier the better, as it is only effective as to mortgages and conveyances filed after the notice has been recorded.

Notice to Owner

The KY Notice to Owner is only required to be sent to the property owner or the owner’s authorized agent.

Notice of Contract

A Notice of Contract must be filed in the office of the county clerk’s office in the county where the property is located.

• List of all Kentucky county recorder offices

Notice to Owner

The requirements for a Notice to Owner can be found under KRS §376.010, and should include the following information:

• Claimant’s name & address;

• Owner’s name & address;

• Hiring party’s name & address;

• Amount claimed to be due; &

• Description of labor and/or materials provided.

→ Download a free Kentucky Notice to Owner form here.

Notice of Contract

The requirements for a KY Notice of Contract can also be found under KRS §376.010, and should include the following information:

• Claimant’s name & address;

•  Owner’s name (if known);

Hiring party’s name & role on the project;

• A statement that the claimant has furnished or expects to furnish labor and/or materials;

• Full contract amount;

•  Description of the property.

Notice to Owner

The statutes require any specific method of delivery for a Notice to Owner. However, proof of mailing to the owner’s last known address is required, so it’s recommended to send the Notice of Contract by first-class or certified mail.

Notice of Contract

The Notice of Contract must be filed in the office of the county clerk where the property is located, this can be accomplished in person or through the mail.

Notice to Owner

A Kentucky Notice to Owner is considered served when deposited in the mail. This is explicitly mentioned in the statutes, which states:

It shall be sufficient to prove that the notice was mailed to the last known address of the owner of the property upon which the lien is claimed, or to his duly authorized agent within the county in which the property to be held liable is located.

Notice of Contract

A Notice of Contract is considered valid when it is recorded in the proper county clerk’s offices

Notice to Owner

Failure to send a Notice to Owner in the required time is fatal to a lien claim in Kentucky.

Notice of Contract

The Notice of Contract has no specific time period in which it must be filed. It is only effective as to mortgages or conveyances recorded subsequent to the filing of the Notice of Contract.

Bond Claims

No statutory provisions – so the claimant must obtain a copy of the payment bond to determine the requirements provided therein. Generally, however, no preliminary notice is required.

Lien on Contract Funds

All claimants on public works projects who furnished labor and/or materials to a general contractor or a first-tier sub must send a preliminary notice to secure the ability to file a lien on contract funds.

Bond Claim

No statutory provisions – so the claimant must obtain a copy of the bond to determine the requirements provided therein.

Lien on Contract Funds

There is no specified deadline, but the notice must be filed prior to filing the lien. However, sooner is generally better, as the lien relates back to the date of filing the notice, and because the amount of the lien is limited to the unpaid balance due to the general contractor when the notice is given. The notice may even be given prior to commencing work.

Bond Claims

No statutory provisions – so the claimant must obtain a copy of the bond to determine the requirements provided therein.

Lien on Contract Funds

Where the notice needs to be sent, depends on the public entity who commissioned the project.

• If the project involves a public highway or some other property owner by a state, city, or county government entity, then the notice must be filed in the county where the seat of the government contracting entity is located.

• If the project is on public property owned by some other entity, then the notice must be filed in the clerk’s office of each county where the claimant performed the work.

An attested copy of the notice on either type of project must then be delivered to the contracting public entity as well.

Bond Claims

No statutory provisions – so the claimant must obtain a copy of the bond to determine the requirements provided therein.

Lien on Contract Funds

The requirements for a Kentucky lien on contract funds can be found under KRS §376.210 and should include the following information:

• Claimant’s name & address

• Hiring party’s name & address

• Public entity’s name

• Statement that the claimant has undertaken or expects to furnish labor and/or materials

• The price of labor and/or materials furnished or to be furnished

Bond Claims

No statutory provisions – so the claimant must obtain a copy of the bond to determine the requirements provided therein.

Lien on Contract Funds

The notice must be filed with the county clerk’s office by mail or brought in person. Once recorded, there is no specified method of delivery for the attested copy to the public entity. The best practice is to send by certified mail with return receipt requested for proof of service.

Bond Claims

No statutory provisions – so the claimant must obtain a copy of the bond to determine the requirements provided therein

Lien on Contract Funds

The notice must first be filed with the county clerk, then served on the public entity. It appears from the statute that service is complete when the notice is delivered to the entity.

Bond Claims

No statutory provisions – so the claimant must obtain a copy of the bond to determine the requirements provided therein.

Lien on Contract Funds

When required, it is fatal to the claim to not provide the necessary notice.