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Kentucky lien waiver requirements
Kentucky's Fairness in Construction Act voids any contract clause that waives future lien rights. Only payment-tied waivers count.
Ky. Rev. Stat. ch. 376 (Mechanics' Liens); KRS 371.405 (Fairness in Construction Act)
The short version
Kentucky's mechanic's lien chapter is KRS 376. Lien waivers are not prescribed by statute, so any clear form works. The catch is KRS 371.405, the Kentucky Fairness in Construction Act of 2007. It voids any contract provision that waives or extinguishes lien rights as against public policy, with one carve-out: a partial waiver tied to payments actually made. Pre-work blanket waivers are dead on arrival.
At a glance
- Fairness in Construction Act voids blanket pre-work waivers
- Partial waivers tied to payments made are enforceable
- Original contractor lien filed within 6 months of last work (KRS 376.080)
- Subcontractor and supplier liens filed within 6 months of last furnishing
The Fairness in Construction Act rule
KRS 371.405 was passed in 2007 and applies to every construction contract signed after June 26 of that year. The statute makes any contract provision purporting to waive or extinguish lien rights void as against public policy. The narrow exception: partial waivers of lien rights for payments actually made to the contractor or subcontractor.
Translated to a job site: a sub-subcontract clause that says the sub waives all lien rights as a condition of signing is unenforceable in Kentucky. A signed waiver after a check has cleared, releasing rights up to that paid amount, is enforceable. Build your waiver workflow around real money moving, not contract language.
The six-month filing window
Under KRS 376.080, a claimant has six months from the last day labor or materials were furnished to file a statement of lien with the county clerk where the property sits. The statement has to identify the property, the claim amount, and the parties involved. Original contractors and subs both work off the same six-month clock.
Subcontractors also have to send a pre-lien notice to the owner under KRS 376.010 — within 75 days of last work on a single-or-double-family residence, 120 days otherwise. The notice is the early warning. The lien is the filing. The waiver is the closeout. Keep the three steps separate in your tracking.
Conditional versus unconditional in Kentucky
Kentucky construction lawyers consistently warn subs not to sign unconditional waivers before payment has actually been received. The statute does not police the difference, so it is on the parties to do it. The Fairness Act protects against blanket pre-work waivers; it does not protect a sub who signs an unconditional waiver in exchange for a promise.
For GCs sending waivers to subs, conditional progress waivers tied to the check clearing are the cleanest pattern. They satisfy lenders, do not run afoul of the Fairness Act, and they keep subs from coming back to argue the waiver was signed under duress. Save unconditionals for after the funds clear.
Questions
Does Kentucky require a specific lien waiver form?
No. KRS 376 does not prescribe a form. Any waiver that clearly states the amount being released and the property covered is acceptable.
Can a Kentucky subcontract include a clause waiving lien rights?
Only as a partial waiver tied to payments actually made. KRS 371.405 voids any broader contract clause that waives or extinguishes lien rights.
How long does a Kentucky claimant have to file a lien?
Six months from the last day labor or materials were furnished. Subcontractors also have to give pre-lien notice — 75 days for one-to-two-family residences, 120 days otherwise.
Send a Kentucky waiver in two minutes.
The right form, the right notice, signed on a phone. Released when the check clears.
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