Kentucky Bond or Lien Claim, Private Work
Bond or Lien Claim-Private Work
Warning: All information contained within this data base is subject to change at any time by the various states and is not guaranteed in any way by FWM Software. Nor does FWM Software assume any liability or responsibility for it's content. Please use in conjunction with advice from your attorney.
Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.
Document Title: Lien Statement
Scope: State of Kentucky, Private Works.
Time Constraints: You must have served a Notice of Intent to lien on the owner within the statutory time frames or you cannot file a lien claim (see Kentucky Preliminary Notice, Private Works, memo for more information).
Lien Statement: You must file your Lien Statement with the County Clerk's (Recorder's) office within 6 months, inclusive, after the last furnishing of labor, materials or service. You must also serve a copy by certified mail of the Lien Statement upon the owner and the prime contractor within seven days of filing your lien or it will automatically dissolve.
Perfection: To perfect your mechanic's lien, you must file suit against the relevant parties to foreclose the lien and enforce any bond claim within 12 months of the date you filed your Lien Statement, or your lien will automatically expire.
Payment Bond: Obtain a copy of the payment bond to determine requirements for making claim.
Lien Bonds: The Owner, claimant of property or any person contracting directly with the owner or claimant of property for furnishing labor, materials or other improvements for which a lien is created, may, before a lien is perfected by judgment and enforced, file a Lien Bond for double the amount of the lien claimed to discharge the lien.
The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend that your attorney handle the enforcement actions to perfect your lien claims.
Information Requirements: Program information and information for Exhibits A-D, any additional costs as to legal fees, court costs and interest charges (don't pass these up. Estimate if necessary. In the case of Bond Claims, the lenders or sureties will reserve only the amount for which you make claim), and the county of the state where the recording will be made.
Form Types: Lien Statement, Exhibit's A-D, if needed and the Recorder's Letter.
Procedures: Within the statutory time limits, prepare your documents using the required information. File your lien claim, and send copies by certified mail immediately (or within seven days) to the owner (a copy for the prime contractor is also in order) and a copy to the sureties, if known. A this point you are ready to file suit to enforce all of your claims in one action, but do so within 1 year of filing your Lien Statement.
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