Kentucky Preliminary Notice Guide and FAQs

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Kentucky Preliminary Notice FAQs

About Kentucky Preliminary Notices

Kentucky Preliminary Notice Rules
At a Glance


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Preliminary Notices Are Required

Notice to Owner must be given within 75 days of last furnishing labor or materials if contract is $1000 or less. If it is more than $1000, notice must be given within 120 days of last furnishing labor or materials. Always must be provided within 75 days on owner-occupied residential projects.


N/A
GCs Not Required to Send Notice

Preliminary Notice is not required from any party who contracted directly with the property owner.


75 or 120
DAYS
Subcontractors Must Send Notice

Notice to Owner must be given within 75 days of last furnishing labor or materials if contract is $1000 or less. If it is more than $1000, notice must be given within 120 days of last furnishing labor or materials. Always must be provided within 75 days on owner-occupied residential projects.


75 or 120
DAYS
Suppliers Must Send Notice

Notice to Owner must be given within 75 days of last furnishing labor or materials if contract is $1000 or less. If it is more than $1000, notice must be given within 120 days of last furnishing labor or materials. Always must be provided within 75 days on owner-occupied residential projects.


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Notice Cannot be Sent Late

Failure to send a notice to owner within the required time is fatal to any subsequent lien claim.


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Send to Owner

A Kentucky notice to owner must only be provided to the property owner (or owner's agent). Note, however, that a notice of contract must be filed in the office of the county clerk in order to provide the priority benefit to lien claimants.

Preliminary notice not required in WV
Preliminary Notice Generally Not Required

Kentucky does not require preliminary notice be provided prior to making a claim against a payment bond on a public project. However, there are requirements to deliver a notice prior to filing a lien on funds due the GC from the public entity.


X
N/A

On public jobs, any claims for non-payment are made against the general contractor's bond, or in some cases the funds due to the GC from the owner. Since GCs will not make a claim against their own bond for non-payment, they do not have bond claim rights, and have no preliminary notice requirement.


PRIOR
to LIEN
Notice Only Required for Lien on Funds

Kentucky does not require a preliminary notice be provided prior to making a claim against a payment bond on public projects. If the desired remedy is a lien on project funds, however, a notice must be provided prior to the lien claim itself. This notice can even be given prior to beginning work.


PRIOR
to LIEN
Notice Only Required for Lien on Funds

Kentucky does not require a preliminary notice be provided prior to making a claim against a payment bond on public projects. If the desired remedy is a lien on project funds, however, a notice must be provided prior to the lien claim itself. This notice can even be given prior to beginning work.


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Notice Cannot be Sent Late

In the event that the notice is required, failure to send it on time will result in the inability to claim a lien against funds.


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Send to Public Entity and File with Clerk

To be sufficient, a preliminary notice for a subsequent lien on funds must be both filed with the county clerk’s office, and given to the public entity contracting for the improvement.

Kentucky does not require any notification prior to the beginning of work, but some parties are required to provide a preliminary notice (also known as a notice to owner) within a certain amount of time after last furnishing labor and/or materials to the project, and prior to filing a valid Kentucky mechanics lien.

On owner-occupied residential projects, a preliminary notice must be sent by all parties without a direct contract with the property owner within 75 days after the date of last furnishing labor or materials to the project. Note that 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, so for full protection, the lien claimant must send the notice prior to any payment by the property owner.

On all other residential projects, and all commercial projects, notice must be sent no later than 75 days after the last furnishing of labor or materials to the project if the claim amount is less than $1000, and no later than 120 days after the date of last furnishing labor or materials if the claim is greater than $1000.

In any case, a failure to send the required preliminary notice will result in the inability to file a valid and enforceable mechanics lien.

Additionally, Kentucky allows for the filing of a separate preliminary notice, a notice of contract, as a mechanism provided for a prime, sub, or supplier to protect the priority of their lien claim as it relates to subsequent mortgages or conveyances.

Preliminary Notice Frequently Asked Questions

There can be a lot of things to consider and details to get right when sending preliminary notices in Kentucky. The deadlines can change based on what type of project is being worked on, and some notices must be filed with the county clerk in order to be effective. It's important to make sure the all of the rules and requirements are met in order for the prelim to be sufficient and effective. If you're receiving prelims, it's important to know what you're looking at and know what to do in followup. Since prelims are subject to a lot of complex rules and requirements, this can all be difficult. These are some frequently asked questions about the Kentucky preliminary notice process.

Prelim FAQs on Private Projects

Do I Need to Send a Kentucky Preliminary Notice?

Kentucky does not require any notification prior to the beginning of work.

However, as noted in the “priority” section above, a mechanism is provided for a prime, sub, or supplier to file a Notice of Contract to protect their lien claim as it relates to subsequent mortgages or conveyances. Kentucky does impose mandatory notice requirements on some parties prior to the filing of the lien statement.

Notice to Owner: Notice to Owner is required from any party who did not contract directly with the property owner, or his agent, as set forth below.

-Non-owner-occupied, residential private projects: All parties not contracting directly with the owner must provide written notice within 75 days of last furnishing labor or materials on claims amounting to less than $1000, and within 120 days of last furnishing labor or materials on claims in excess of $1000.

-Owner-occupied residential projects: All parties not contracting directly with the owner, or his agent, must provide written notice 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.

When do I Need to Send a Kentucky Preliminary Notice?

Notice of Contract: If a party elects to file a Notice of Contract to protect against subsequent mortgages or conveyances, it must be filed prior to the recording of any mortgage or conveyance to be effective as to that mortgage or conveyance.

Notice to Owner: Parties required to send Notice to Owner must send it by the following dates:

-On owner-occupied residential projects, notice must be sent within 75 days after the date of last furnishing labor or materials to the project – but 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, so for full protection the lien claimant must send the notice prior to any payment by the property owner.

-On all other commercial projects, notice must be sent no later than 75 days after the last furnishing of labor or materials to the project if the claim amount is less than $1000, and no later than 120 days after the date of last furnishing labor or materials if the claim is greater than $1000.

What if I Send the Kentucky Preliminary Notice Late?

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.

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

How Should the Kentucky Preliminary Notice be Sent?

Notice of Contract: The Notice of Contract must be filed in the office of the county clerk.

Notice to Owner: The Notice to Owner must be mailed to the property owner, or his agent. Kentucky holds it sufficient to prove that the notice was mailed to the property owner’s last known address. To accomplish this, notice can be sent by both certified mail and regular mail. The lien claimant must be able to show that the notice was mailed.

Do I Have to Send the Kentucky Preliminary Notice to Someone Other than the Owner?

Notice of Contract: The Notice of Contract must be filed in the office of the county clerk.

Notice to Owner: The Notice to Owner must only be sent to the property owner, or his agent.

Is the Kentucky Preliminary Notice Requirement met when sent or delivered?

Notices are considered delivered when sent, and considered recorded when recorded.

Prelim FAQs on Public Projects

Do I Need to Send a Kentucky Preliminary Notice?

Lien on Contract Funds: Yes, a statement must first be filed in the clerk’s office of each county in which the seat of government of the owner of the property improved is located – and a copy given to the contracting public entity.

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

When do I Need to Send a Kentucky Preliminary Notice?

Lien on Contract Funds: 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 unpaid balance due to the general contractor when the notice is given. The notice may be given prior to commencing work.

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

What if I Send the Kentucky Preliminary Notice Late?

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

How Should the Kentucky Preliminary Notice be Sent?

Mailed or brought in person to be filed with the county clerk.

To Whom Must the Kentucky Preliminary Notice be Given?

Notice must be both filed with the county clerk’s office, and given to the public entity contracting for the improvement.

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How to file a lien in Kentucky

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Kentucky Preliminary Notice Forms Templates

Kentucky preliminary notices are regulated by statute. This means that, while there isn’t a specific way the form must look, there is specific required information that must be contained on the form. This can be tricky, and failure to include required information can can significant impact on the sufficiency and validity of the notice. The forms provided here for free by Levelset are compliant with the Kentucky rules. You can download them for free, or use our system to send or request them easily.

Kentucky Notice to Owner Form - free from

Kentucky Notice to Owner Form

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...

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