Notice to Owner -- Preliminary Notice in Kentucky

Most states require lien claimants to serve a preliminary (pre-lien) notice on a property owner or other party to ensure all interested parties have notification of who is involved in a construction job and who may have a claim to a mechanic's lien. In Kentucky, the Notice to Owner document fulfills this purpose.

No person who has not contracted directly with the owner or his agent is eligible to acquire a lien unless he notifies the owner (or his authorized agent) of the property to be held liable, in writing, within seventy-five (75) days on claims amounting to less than $1,000 and one hundred twenty (120) days on claims in excess of $1,000 after the last item of material or labor is furnished, of his intention to hold the property liable and the amount for which he will claim a lien. K.R.S. 376.010(3).

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. Id.

The Notice to Owner document contains the following information: 1) Name and address of the potential lien claimant; 2) Address of the subject property; 3) Name of the owner; 4) Value of materials or labor furnished; and 5) Date of last furnishing. The document also contains a Certificate of Delivery detailing the person serving the notice, the method of service, and date of service. The Certificate must be signed to affirm service was made in the described manner.

This article is provided for information purposes only and should not be relied on as a substitute for the advice from a legal professional. If you have questions about preliminary notice, or any other issues related to liens in Kentucky, please speak with a licensed attorney.

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