Frequently Asked Questions - Kentucky Mechanics Lien
Kentucky Lien Documents are Easy to File with LienItNow.com
Why LienItNow?
LienItNow.com provides online mechanics lien forms to help contractors, sub-contractors, and suppliers secure the payment they need. In three simple steps, complete your mechanics lien on your own time in only 10 quick minutes. Once a time-consuming process for construction companies, LienItNow.com makes filing your mechanics lien faster and easier than ever. LienItNow.com can also help you create bond claims, pre-lien notices and lien releases.
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What is a Kentucky mechanics' lien Claim?
In Kentucky, liens filed on private property or on funds relating to a public project are known as Kentucky Mechanic's Liens. When a Kentucky mechanics lien is filed with regard to work performed on privately owned property, it attaches to and encumbers the fee simple ownership of property. When a Kentucky mechanics lien is filed with regard to work performed on a publicly or government owned property, it attaches to the fund of money which the public agency has allocated for a project. The reason for this is that you cannot force the sale of publicly owned land (public agencies mean any county, city, town, township, public commission, public board or other municipality authorized by law to make contracts for the making of any public improvement in any city, town, township or other municipality).
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Who can file a Kentucky mechanics' lien Claim?
Contractors, as well as subcontractors, sub-subcontractors and suppliers who have a contract with a general contractor or a subcontractor can file a Kentucky mechanics lien.
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Are pre-lien notices for a Kentucky mechanics' lien Claim required?
Yes, in Kentucky, a Notice to Owner of Intent to Lien (Prelien) is required prior to filing a lien on a private project in order to maximize mechanics lien rights. On a public project, a Prelien Notice is also required to ensure that all mechanics lien rights are protected. Additionally, lienors without written contracts with the owner must notify the owner in writing within 75 days of last work for contracts of $1,000 or less and within 120 days for contracts exceeding $1,000.00. When owner-occupied single or double family dwellings are involved, the notice to the owner must be within 75 days.
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Can you file a Kentucky mechanics' lien Claim without a pre-notice?
Prelien notices are necessary to maximize Kentucky mechanics' lien rights. While contractors can file without a pre-notice or preliminary notice, they risk not being able to file a mechanics lien for the full amount of their claim. Similarly, subcontractors, sub-subcontractors and suppliers must give notice within the time frames above to ensure that their mechanics lien claims will include the entire amount owed.
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When should a Kentucky mechanics' lien Claim be filed?
Kentucky mechanics' liens on private property must be filed within six months of the last date the lienor provided materials or services to the Project. Kentucky construction liens with regard to public projects must be filed no later than 60 days following the end of the month during which the claimant last furnished labor or materials. All potential Kentucky mechanics lien claimants must serve a formal notice on the owner by regular mail within 7 days of the filing of the Kentucky construction lien statement.
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How much does it cost to file a Kentucky mechanics' lien Claim?
LienItNow.com prepares and files Kentucky mechanics' liens. For more information, please see our pricing page.
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Do I need a written contract in order to file a Kentucky Mechanics Lien Claim?
You need either a contract or the written consent of the owner to file a Kentucky mechanics lien on a private project.
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How does filing a Kentucky mechanics' lien Claim help me get my money?
On a private project, the Kentucky mechanics' lien places an encumbrance on the property that makes it difficult to resell or re-finance the property without first removing the construction lien. On a public project, the filing of a Kentucky mechanics lien freezes the fund of money that has been allocated for the public project, thus reducing or sometimes even stopping the flow of payments to the offending contractor until the lienor is paid.
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What is a Kentucky Stop Notice and why should it be filed
LienItNow.com prepares and serves Kentucky Stop Notices. A Stop Notice is a notification that has the ability to enhance the effectiveness of a mechanic's lien. A Stop Notice, or a notice to withhold funds, is sent to the company that is financing or funding the construction funds for a project. Once that company receives the Stop Notice, that company has notice that it should withhold sufficient money to satisfy the stop notice claim. The purpose of the Stop Notice is to provide the lender, financiers or funders of the construction project notice that there is money owed to a contractor, subcontractor or supplier so that an inquiry can be made as to why that money is not being paid.
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What is a Kentucky Amendment to a mechanics' lien Claim?
LienItNow.com prepares, files and serves Kentucky Amendments to mechanics' lien Claims. Amendments to a mechanics' lien claim are often needed when something about the lien claim changes. Common changes to a lien claim are increases or reductions in the amount due to the lienor, or a change to the last date of work.
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When should a Kentucky Discharge of mechanics' lien claim be filed?
LienItNow.com prepares, files and serves Kentucky Discharges of mechanics' lien Claims. Once the lienor has been paid the amount contained in its lien claim, or has come to an agreement that requires the lien claim to be removed from the property records, a Discharge of mechanics' lien Claim should be filed.
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Can I file a Bond Claim on a Kentucky Project?
LienItNow.com prepares, files and serves Kentucky Bond Claims. Bond claims can only be filed on a project where the owner, contractor or subcontractor has obtained a payment bond to ensure that every contractor receives payment for the work performed on the Project. The payment bonds issued by sureties for construction projects have specific timing requirements, but most require claimants to submit claims against the bond within sixty to ninety days from the claimants' last date of work. Bond claims are as or more effective than a lien claim because the payment bond acts as a guarantee that payment will be made for work properly completed.
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Do I need to file a Pre-Notice to make a claim against a Kentucky payment bond?
LienItNow.com prepares, files and serves Kentucky Pre-Notices for bond claims. Depending on the terms of the payment bond, pre-notices may or may not be required. LienItNow.com recommends that, prior to or immediately after starting work or delivering materials to a project, subcontractors and suppliers, file a pre-notice that it is a potential beneficiary of the construction project's bond.
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