Home>Levelset Community>Legal Help>Good morning, I thought that Kentucky did not uphold no lien language but am being challenged. Is it true that Kentucky

Good morning, I thought that Kentucky did not uphold no lien language but am being challenged. Is it true that Kentucky

No subcontract agreement for private commercial work in Kentucky

2 replies

May 14, 2020

No lien clauses are against public policy in Kentucky and prohibited by statute. KRS 371.405(2)(b) states that "A provision that purports to waive, release, or extinguish rights provided by KRS Chapter 376 (the Kentucky mechanics lien statute)" is against public policy, though partial lien waivers exchanged for progress payments are specifically allowed. With that being said, it doesn't mean a customer won't try and sneak a no lien clause into the contract even though it wouldn't be upheld by a Kentucky court. Plus, it's extremely common for others to challenge your lien claim even if their claims don't hold any water. But, just because someone has challenged the lien doesn't mean the claim is flawed, invalid, or unenforceable. Further discussion on that here: My Lien Was Challenged: What Do I Do? For more discussion on Kentucky liens and lien waivers: (1) Kentucky Mechanics Lien Guide and FAQs; and (2) Kentucky Lien Waivers Guide and FAQs. Plus, if you've filed a lien already, this article should be useful: The 4 Steps to Take After Filing a Mechanics Lien.

3 people found this helpful

Helpful

Aug 8, 2023

This is also a very good article that I really enjoyed reading. It's not every day that I get to see something like this. Hope you will have many more good articles to share with us. If you have more time, please visit: retro bowl unblocked

Report Spam