Ky. Rev. Stat. § 376.090

Limitation on action to enforce lien -- Priority of lien

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(1) Any lien provided for in KRS 376.010 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. If the debtor against whose property the lien is claimed dies before the expiration of the time prescribed for bringing the action, a further period of six (6) months from the date of the qualification of his personal representative shall be allowed within which the action may be brought. (2) Any lien provided for in KRS 376.010 shall, if the lienholder complies with the requirements of KRS 376.080 and subsection (1) of this section, and does so within the time therein fixed, be valid and effectual against any creditor of, or bona fide or other purchaser from, the owner of the property. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2470, 2477.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1982–2022 · leading case: Gil Ruehl Mechanical, Inc. v. Hartford Fire Insurance Co.

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Gil Ruehl Mechanical, Inc. v. Hartford Fire Insurance Co. (2004) kyctapp · cites it 17× “Hartford argued the applicable statute of limitations for an action against a surety on a mechanic’s lien re *513 lease bond was found in KRS 376.090. 1 Hartford pointed out that KRS 376.”

Montgomery v. Milam (1995) ky · cites it 2× “Mechanic's and materialman's liens (KRS 376.090) require an action to enforce this specific type of lien to be filed within 12 months of the filing date or, otherwise, the lien is rendered unenforceable, which distinguishes this case from Bonnie Braes Farms, <a…”

L.T. Ruth Coal Co. v. Big Sandy Coal & Coke Co. (In Re L.T. Ruth Coal Co.) (1986) kyeb “In the action Northern also sought to foreclose a mechanic’s lien under Kentucky Revised Statutes § 376.090 pursuant to 28 U.”

Middletown Engineering Co. v. Main Street Realty, Inc. (1992) ky “KRS 376.090. Failure to take any of these steps dissolves the lien.”

Hellman Lumber Co. v. Landrum (1982) kyctapp “This appeal arises from a summary judgment rendered against two subcontractors in their action to enforce materialmen’s liens against the property owners on the ground that they failed to file their action within one year of the date of filing their Statements of Lien required…”

Schneider Hotels, LLC v. Flood Brothers, Inc. (2022) kywd · cites it 4× “§ 376.090(1). Flood Brothers contends that its assertion of counterclaims in the Tennessee action and answer in this action satisfied the enforcement requirement.”

— Ky. Rev. Stat. § 376.090(1) — 1 case

Schneider Hotels, LLC v. Flood Brothers, Inc. (2022) kywd “§ 376.090(1). Flood Brothers contends that its assertion of counterclaims in the Tennessee action and answer in this action satisfied the enforcement requirement.”

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