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KentuckyConstruction ContractMechanics Lien

On a new home build does the builder have to notify the owner they plan to file a mechanic's lien before it actually gets filed with clerks office? Can a "member" of the company file the lien for the builder company? As in, a contract is signed by 1 person that owns the building company, but then another person in the company files the lien with the clerk's office?

3 replies

Sep 17, 2019
When hired directly by the property owner, a builder does not need to send notice before they file a Kentucky mechanics lien. Further, it's extremely common for a member of a business to file the mechanics lien on behalf of the business. Mechanics liens don't automatically constitute a lawsuit (though they can certainly lead to one), so an agent of the business is free to file a mechanics lien on behalf of that business if they are authorized to do so. Whether that's the same party who signed the contract for the company should be irrelevant as long as both are entitled to sign on behalf of the company. These additional resources should be helpful: (1) A Mechanics Lien Was Filed on My Property – What Do I Do Now? (2) Kentucky Mechanics Lien Guide and FAQs
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