property owner -- Form of statement.
(1) Any lien provided for in KRS 376.010 shall be dissolved unless the claimant, within six (6) months after he ceases to labor or furnish materials, files in the office of the county clerk of the county in which the building or improvement is situated a statement of the amount due him, with all just credits and set-offs known to him, together with a description of the property intended to be covered by the lien sufficiently accurate to identify it, the name of the owner, if known, and whether the materials were furnished or the labor performed by contract with the owner or with a contractor or subcontractor. Lien statement forms shall require the name and address of the claimant. If the claimant is a corporation, the statement shall require the name and address of the corporation's process agent, or some other address at which service of process under the Rules of Civil Procedure may be accomplished. If no name and address is included in the statement, service of process in an action involving the real property may be accomplished by serving the person who signs the lien statement. This statement shall be subscribed and sworn to by the person claiming the lien or by someone in his behalf. The claimant shall send by regular mail a copy of the statement to the property owner at his last known address within seven (7) days of filing the statement with the county clerk. Any lien provided for in KRS 376.010 shall be dissolved if a copy of the statement is not sent to the property owner as provided in this subsection.
(2) The county clerk shall endorse upon each statement the date of its filing, and shall make an abstract of the statement in a book to be kept by him for that purpose, properly endorsed and indexed, containing the date of filing, the name of the person seeking to enforce the lien, the amount claimed, the name of the person against whose property the lien is filed, and a description of the property charged with the lien. The clerk shall receive a fee pursuant to KRS 64.012 from the person filing the statement as full compensation, which shall be taxed and collected as other costs. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 468, sec. 1, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 259, sec. 2, effective July 15, 1988. -- Amended 1978 Ky. Acts ch. 84, sec. 13, effective June 17, 1978; and ch. 384, sec. 503, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2468, 2469.
Notes of Decisions
Middletown Eng'g Co. v. Main Street Realty, Inc., 839 S.W.2d 274 (Ky. 1992).
· cites it 3× “On July 31, 1989, Middletown filed a mechanic’s lien against the owner in the Jefferson County Clerk’s office and mailed a copy of the lien statement to Main Street Realty within seven days after that filing so as to satisfy the notice requirements of KRS 376.080(1). This action…”
Prodigy Constr. Corp. v. Brown Capital, Ltd., 525 S.W.3d 108 (Ky. Ct. App. 2017).
· cites it 3× “makes a Motion for Summary Judgment against Prodigy, arguing that Prodigy has not perfected its lien, in that it does not comply with the requirements of [Kentucky Revised Statute] KRS 376.080 and Hub City Wholesale Electric, Inc.”
Gil Ruehl Mech., Inc. v. Hartford Fire Ins. Co., 164 S.W.3d 512 (Ky. Ct. App. 2004).
· cites it 2× “010 shall be deemed dissolved unless an action is brought to enforce the lien within twelve (12) months from the day of filing the statement in the clerk’s office, as required by KRS 376.080.... (2) Any lien provided for in KRS 376.”
Laferty v. Wickes Lumber Co., 708 S.W.2d 107 (Ky. Ct. App. 1986).
“KRS 376.080. Finally, an action to enforce the perfected lien must be commenced within one year after the filing of the statement with the clerk.”
Walker v. Valley Plumbing, Inc., 370 S.W.2d 136 (Ky. Ct. App. 1963).
· cites it 4× “One is that a statement containing the information specified in KRS 376.080 must be recorded within 6 months after the claimant has ceased to labor or furnish materials.”
PBI Bank, Inc. v. Schnabel Found. Co., 392 S.W.3d 421 (Ky. Ct. App. 2013).
· cites it 3× “Schnabel asserted that equitable tolling should allow the second lien statement to relate back to the attempted filing of the first lien statement that complied with the requirements of KRS 376.080 and was improperly returned. It pointed out that the first lien statement was…”
Hellman Lumber Co. v. Landrum, 639 S.W.2d 379 (Ky. Ct. App. 1982).
· cites it 2× “On October 17, 1979, still within the statutory period of six months accorded by KRS 376.080, Heilman filed a second lien showing that the correct amount of the lien was $8,051.”
Fugate v. Taulbee Lumber & Coal Co., 172 S.W.2d 61 (Ky. Ct. App. 1943).
“There was no allegation that a material man’s lien had been perfected by compliance with section 2468' of the Kentucky Statutes (now KRS 376.080), but a lien was claimed by reason of the furnishing of the material.”
— Ky. Rev. Stat. § 376.080(1) — 2 cases
Middletown Eng'g Co. v. Main Street Realty, Inc., 839 S.W.2d 274 (Ky. 1992).
“On July 31, 1989, Middletown filed a mechanic’s lien against the owner in the Jefferson County Clerk’s office and mailed a copy of the lien statement to Main Street Realty within seven days after that filing so as to satisfy the notice requirements of KRS 376.080(1). This action…”
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