376.010 Mechanics' and materialman's liens -- Filing of statement of amount
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/ky/376-010A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
claimed -- Extent of lien -- Notice to owner, agent, or lessee.
(a)Any person who performs labor or furnishes materials for the erection,
altering, or repairing of a house or other structure or for any fixture or
machinery therein, for the excavation of cellars, cisterns, vaults, wells, or for
the improvement in any manner of real property including the furnishing of
agricultural lime, fertilizer, concrete pipe or drainage tile, crushed rock, gravel
for roads or driveways, and materials used in the construction or maintenance
of fences, by contract with, or by the written consent of, the owner, lessee,
contractor, subcontractor, architect, or authorized agent, shall have a lien
thereon, and upon the land upon which the improvements were made, or on
any interest the owner or lessee has therein, to secure the amount thereof with
interest as provided in KRS 360.040, and costs.
(b)When improvements to property are made pursuant to an agreement or
contract with a lessee, the lessee shall not be deemed the authorized agent of
the owner unless the owner has designated the lessee, in writing, as the
owner's agent for purposes of entering into the agreement or contract.
(c)The lien on the land or improvements shall be superior to any mortgage or
encumbrance created subsequent to the beginning of the labor or the
furnishing of the materials, and the lien, if asserted as hereinafter provided,
shall relate back and take effect from the time of the commencement of the
labor or the furnishing of the materials.
(d)The lien shall not be for a greater amount in the aggregate than the contract
price of the original contractor, and should the aggregate amount of the liens
exceed the price agreed upon between the original contractor and the owner
there shall be a pro rata distribution of the original contract price among the
lienholders.
(a)The lien shall not take precedence over a mortgage or other contract lien or
bona fide conveyance for value without notice, duly recorded or lodged for
record according to law, unless the person claiming the prior lien shall, before
the recording of the mortgage or other contract lien or conveyance, file in the
office of the county clerk of the county where he or she has furnished or
expects to furnish labor or materials, a statement showing that he or she has
furnished or expects to furnish labor or materials, and the amount of the labor
or materials in full.
(b)The lien shall not, as against the holder of a mortgage or other contract lien or
conveyance, exceed the amount of the lien claimed or expected to be claimed
as set forth in the statement.
(c)The statement shall, in other respects, be in the form prescribed by KRS
376.080.
(a)Any lien under this section shall only extend to the right, title, and interest of
the person who contracts for the improvements as the right, title, and interest
exist at the commencement of the improvements or as thereafter acquired in
the real property. When improvements to property are made by a lessee in
accordance with an agreement between the lessee and his or her lessor, the
lien shall also extend to the interest of the lessor.
(b)When a lease agreement expressly provides that the interest of the lessor shall
not be subject to liens for improvements made by the lessee, the lessee shall
notify the contractor making any improvements of the provisions in the lease,
and the knowing or willing failure of the lessee to provide this notice to the
contractor shall render the contract between the lessee and the contractor
voidable at the option of the contractor.
(a)A person who has not contracted directly with the owner, the owner's agent,
or the lessee, if applicable, shall not acquire a lien under this section unless he
or she notifies, in writing, the owner of the property to be held liable,the
owner's authorized agent, or the lessee, if applicable, within seventy-five
days on claims amounting to less than one thousand dollars ($1,000) and one
hundred twenty
(120)days on claims in excess of one thousand dollars
($1,000) after the last item of material or labor is furnished, of his or her
intention to hold the property liable and the amount for which he or she will
claim a lien; and
(b)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 the
owner's duly authorized agent within the county in which the property to be
held liable is located.
(a)A person who has not contracted directly with the owner or the owner's
authorized agent shall not acquire a lien under this section on an owner-
occupied single or double family dwelling, the appurtenances or additions
thereto, or upon other improvements for agricultural or personal use to the
real property or real property contiguous thereto and held by the same owner,
upon which the owner-occupant's dwelling is located, unless he or she notifies
in writing the owner of the property to be held liable or the owner's authorized
agent not more than seventy-five
(75)days after the last item of material or
labor is furnished, of the delivery of the material or performance of labor and
of his or her intention to hold the property liable and the amount for which he
or she will claim a lien.
(b)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 the
owner's duly authorized agent.
(c)The notice under this subsection is in lieu of the notice provided for in
subsection
(4)of this section.
(d)Notwithstanding the foregoing provisions of this subsection, the lien provided
for under this section shall not be applicable to the extent that an owner-
occupant of a single or double family dwelling, or owner of other property as
described in this subsection has, prior to receipt of the notice provided for in
this subsection, paid the contractor, subcontractor, architect, or authorized
agent for work performed or materials furnished prior to such payment.
(e)The contractor or subcontractor cannot be the authorized agent under this
subsection.
(f)This subsection shall apply to the construction of single or double family
homes constructed pursuant to a construction contract with a property owner
and intended for use as the property owner's dwelling.
(6)For purposes of this section, "labor" includes but is not limited to all supplies and
work done by teams, trucks, machinery, and mechanical equipment, whether the
owner furnishes a driver or operator or not.
(7)As used in this section:
(a)"Supplies" includes small tools and equipment reasonably necessary in
performing the work required to be done, including picks, shovels, sledge
hammers, axes, pulleys, wire cables, ropes, and other similar items costing not
more than fifty dollars ($50) per item, and tires and tubes furnished for use on
vehicles engaged in the performance of the work; and
(b)"Supplies" also includes the cost of labor, materials, and repair parts supplied
or furnished for keeping all machinery and equipment used in the
performance of the work in good operating condition; and shall include the
agreed or reasonable rental price of equipment and machinery used in
performing the work to be done:
1. The lien for rental equipment or machinery shall not be more than the
aggregate sum of six
(6)months' rental, and the aggregate amount of
such rental shall not exceed sixty percent (60%) of the agreed value of
the machinery or equipment; and
2. The liens for supplies as defined in this subsection are subordinate to the
liens for labor, material, and supplies as defined in this section.