As used in this section and in subsection (1) of KRS 376.210:
(1) "Labor" includes all work done by teams, trucks, machinery, and mechanical equipment, whether the owner furnishes a driver or operator or not, but it shall not include labor performed by any officer, superintendent or stockholder of any corporation even though he may perform manual labor on the public work;
(2) "Materials" includes all materials of every kind or character used in the public improvement which shall remain as a part of the completed improvement, and all the materials substantially consumed or the value thereof substantially destroyed in making the public improvement, including explosives, gasoline, oil, grease, form lumber and other similar articles; and,
(3) "Supplies" includes small tools and equipment reasonably necessary in performing the work required to be done, including picks, shovels, sledge hammers, axes, pulleys, wire cables, ropes, and other similar items costing not more than fifty dollars ($50) per item, and tires and tubes furnished for use on vehicles engaged in the performance of the work;
(4) "Supplies" also includes the cost of labor, materials, and repair parts supplied or furnished for keeping all machinery and equipment used in the performance of the work in good operating condition; and, shall include the agreed or reasonable rental price of equipment and machinery used in performing the work to be done;
(a) The lien for rental of equipment or machinery shall not be more than the aggregate sum of six (6) months' rental, and the aggregate amount of such rental shall not exceed sixty percent (60%) of the agreed value of the machinery or equipment; and
(b) The liens for supplies as defined in this subsection are subordinate to the liens for labor, material and supplies as defined in subsections (1) to (3) of this section. History: Amended 1968 Ky. Acts ch. 152, sec. 155. -- Amended 1966 Ky. Acts ch. 255, sec. 261. -- Amended 1964 Ky. Acts ch. 126, sec. 1. -- Created 1954 Ky. Acts ch. 103, sec. 2.
Notes of Decisions
Whayne Supply Co. v. Morgan Constr. Co., 440 S.W.2d 779 (Ky. Ct. App. 1969).
· cites it 4× “Whayne contends that: (1) Morgan made a judicial admission; (2) equipment rentals due Whayne constituted “supplies” under KRS 376.195(4) and were secured by statutory lien; and (3) the ac *781 ceptance by Morgan of Midwest’s assignment rendered Morgan liable to pay .”
ABCO-BRAMER, Inc. v. Markel Ins. Co., 55 S.W.3d 841 (Ky. Ct. App. 2000).
· cites it 3× “KRS 376.195 provides in pertinent part: (1) “Labor” includes all work done by teams, trucks, machinery, and mechanical equipment, whether the owner furnishes a driver or operator or not, but it shall not include labor performed, by any officer, superintendent or stockholder of…”
Dirt & Rock Rentals, Inc. v. Irwin & Powell Constr., Inc., 838 S.W.2d 412 (Ky. Ct. App. 1992).
· cites it 2× “-195, the statute providing definitions concerning liens on public projects, it is apparent that equipment and machinery rental is not considered “labor.” KRS 376.195(4) defines “supplies” as including “the agreed or reasonable rental price of equipment and machinery used in…”
Traylor Bros. v. Indiana Equip. Co., 336 S.W.2d 590 (Ky. Ct. App. 1960).
“Indiana Equipment predicates its claim for rental value prior to Teegarden’s default on his subcontract on the proposition that “supplies” as used in the appellants’ bond means the same as in KRS 376.195 (the mechanics’ lien statute governing contracts for public improvements),…”
— Ky. Rev. Stat. § 376.195(2) — 2 cases
— Ky. Rev. Stat. § 376.195(3) — 1 case
— Ky. Rev. Stat. § 376.195(4) — 3 cases
Whayne Supply Co. v. Morgan Constr. Co., 440 S.W.2d 779 (Ky. Ct. App. 1969).
“Whayne contends that: (1) Morgan made a judicial admission; (2) equipment rentals due Whayne constituted “supplies” under KRS 376.195(4) and were secured by statutory lien; and (3) the ac *781 ceptance by Morgan of Midwest’s assignment rendered Morgan liable to pay .”
ABCO-BRAMER, Inc. v. Markel Ins. Co., 55 S.W.3d 841 (Ky. Ct. App. 2000).
“KRS 376.195 provides in pertinent part: (1) “Labor” includes all work done by teams, trucks, machinery, and mechanical equipment, whether the owner furnishes a driver or operator or not, but it shall not include labor performed, by any officer, superintendent or stockholder of…”
Dirt & Rock Rentals, Inc. v. Irwin & Powell Constr., Inc., 838 S.W.2d 412 (Ky. Ct. App. 1992).
“-195, the statute providing definitions concerning liens on public projects, it is apparent that equipment and machinery rental is not considered “labor.” KRS 376.195(4) defines “supplies” as including “the agreed or reasonable rental price of equipment and machinery used in…”
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