Assertion, filing, and enforcement.
(1) Any person, firm, or corporation who performs labor or furnishes materials or
supplies for the construction, maintenance, or improvement of any canal, railroad,
bridge, public highway, or other public improvement in this state by contract,
express or implied, with the owner thereof or by subcontract thereunder shall have a
lien thereon, and upon all the property and the franchises of the owner, except
property owned by the state, a subdivision or agency thereof, or by any city, county,
urban-county, or charter county government. If the property improved is owned by
the state or by any subdivision or agency thereof, or by any city, county, urban-
county, or charter county government, the person furnishing the labor, materials, or
supplies shall have a lien on the funds due the contractor from the owner of the
property improved. Except as provided in KRS 376.195, the lien shall be for the full
contract price of the labor, materials, and supplies furnished, and shall be superior
to all other liens thereafter created.
(2) Any person undertaking or expecting to furnish labor, materials, or supplies as
provided in this section may acquire the lien herein provided by filing in the clerk's
office of each county in which he has undertaken to furnish labor, materials, or
supplies, except as provided in subsection (3), a statement in writing that he has
undertaken and expects to furnish labor, materials, or supplies and the price at
which they are to be furnished, and the lien for labor, material, or supplies furnished
thereafter shall relate back and take effect from the date of the filing of the
statement. In all cases of original construction the liens shall be prior to all liens
theretofore or thereafter created on the part so constructed and on no other part.
(3) In all cases where the labor, materials, or supplies are furnished for the
improvement of any public highway or other public property owned by the state or
by any city, county, urban-county, or charter county government, the statement shall
be filed in the county clerk's office of the county in which is located the seat of
government of the owner of the property improved, and the lien shall attach only to
any unpaid balance due the contractor for the improvement from the time a copy of
the statement, attested by the county clerk, is delivered to the owner or the owner's
authorized agent with whom the contract for improving the public highway or other
public property was made.
Effective: July 15, 1998
History: Amended 1998 Ky. Acts ch. 397, sec. 3, effective July 15, 1998. -- Amended
1966 Ky. Acts ch. 255, sec. 262. -- Recodified 1942 Ky. Acts ch. 208, sec. 1,
effective October 1, 1942, from Ky. Stat. sec. 2492.
Notes of Decisions
In Re D & B Elec., Inc., 4 B.R. 263 (Bankr. W.D. Ky. 1980).
· cites it 2× “We therefore conclude that Rueff, though unable to claim superior status as an equitable lienholder, has an enforceable beneficial interest in the trust funds represented by the jointly payable checks.”
Jim Skaggs, Inc. v. Smith, 799 S.W.2d 585 (Ky. Ct. App. 1990).
· cites it 3× “This is an appeal from a summary judgment supported by findings of fact and conclusions of law, whereby the Smiths recovered $10,560 upon the basis of their lien filed pursuant to KRS 376.210. Finding no room for improvement of the trial court’s factual statement, we adopt it as…”
McLean Cnty. v. Meuth Carpet Supply, 573 S.W.2d 340 (Ky. 1978).
· cites it 4× “Between April 17 and July 13, 1974, each of the subcontractors filed statements of lien for their labor and materials with the county clerk as provided by KRS 376.210. In October, 1974, the county contracted with another contractor to finish the project and it used the funds it…”
Sandusky Foundry & Mach. Co. v. City of Wickliffe, 369 F. Supp. 439 (W.D. Ky. 1972).
· cites it 6× “Subsection (2) of KRS 376.210 pro- vides as follows: “(2) Any person undertaking or expecting to furnish labor, materials or supplies as provided in this section may acquire the lien herein provided by filing in the clerk’s office of each county in which he has undertaken to…”
W. Waterproofing Co. v. Allgeier & Dyer, Inc. (In Re Allgeier & Dyer, Inc.), 28 B.R. 371 (W.D. Ky. 1982).
“82 that the assembly plant is a public improvement contemplated by KRS 376.210; Bankruptcy Judge Bland’s ruling that funds held by the city of Bowling Green were a part of the debtor’s estate in bankruptcy; and, finally, whether Bankruptcy Judge Bland properly held that various…”
Am. Radiator & Stand. Sanitary Corp. v. Albany Mun. Hous. Comm'n, 441 S.W.2d 433 (Ky. Ct. App. 1969).
· cites it 2× “n is expressly conditioned for the purpose of protecting the obligee, the Albany Municipal Housing Commission, for materials furnished the prime contractor and no other, and that the only right of recovery the appellants could possibly have against the Commission would be a…”
Amer. Rad. & Stand. San. Corp. v. Albany Mun. Hous. Com., 441 S.W.2d 433 (Ky. Ct. App. 1969).
· cites it 2× “on is expressly conditioned for the purpose of protecting the obligee, the Albany Municipal Housing Commission, for materials furnished the prime contractor and no other, and that the only right of recovery the appellants could possibly have against the Commission would be a…”
— Ky. Rev. Stat. § 376.210(1) — 3 cases
Sandusky Foundry & Mach. Co. v. City of Wickliffe, 369 F. Supp. 439 (W.D. Ky. 1972).
“Subsection (2) of KRS 376.210 pro- vides as follows: “(2) Any person undertaking or expecting to furnish labor, materials or supplies as provided in this section may acquire the lien herein provided by filing in the clerk’s office of each county in which he has undertaken to…”
— Ky. Rev. Stat. § 376.210(2) — 2 cases
Sandusky Foundry & Mach. Co. v. City of Wickliffe, 369 F. Supp. 439 (W.D. Ky. 1972).
“Subsection (2) of KRS 376.210 pro- vides as follows: “(2) Any person undertaking or expecting to furnish labor, materials or supplies as provided in this section may acquire the lien herein provided by filing in the clerk’s office of each county in which he has undertaken to…”
— Ky. Rev. Stat. § 376.210(3) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.