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Lien waivers by state · Kentucky

Kentucky lien waiver requirements

Kentucky is a non-statutory state

Kentucky does not prescribe a statutory lien-waiver form, so waivers may be freely worded as long as they clearly identify the amount waived, the property, and the signing party. However, under the Fairness in Construction Act (KRS 371.405), any provision that purports to waive, release, or extinguish lien rights is void as against public policy — except partial waivers given by a contractor or subcontractor for progress payments actually made. In practice, lien rights cannot be waived in advance of payment.

Statute: KRS Chapter 376 (mechanics' liens; waiver restriction at KRS 371.405 / Fairness in Construction Act)

Kentucky lien waiver forms

The four standard waiver-and-release types and Kentucky’s rules for each.
Waiver type	Statutory form?	Notarized?
Conditional waiver and release on progress payment
Unconditional waiver and release on progress payment
Conditional waiver and release on final payment
Unconditional waiver and release on final payment

Requirements at a glance

Notarization: Lien waivers do not need to be notarized in Kentucky. Note the contrast: the mechanics lien STATEMENT filed with the county clerk must be "subscribed and sworn to" (notarized) under KRS 376.080 — but that is the lien claim itself, not the waiver.
Mandatory statutory language: Kentucky does not mandate specific waiver form language; any form may be used and be effective. The key statutory constraint is substantive, not formal: advance/blanket waivers of lien rights are void under KRS 371.405, with only partial progress-payment waivers permitted.
Electronic signatures accepted

Key Kentucky deadlines

Preliminary / pre-lien notice: Subcontractors/suppliers without a direct contract with the owner must send a preliminary notice (Notice to Owner) within 75 days of last furnishing labor/materials if the claim is $1,000 or less, or within 120 days if the claim exceeds $1,000 (KRS 376.010(4)). (On owner-occupied residential projects the deadline is 75 days regardless of amount.) Parties contracting directly with the owner generally do not need this notice.
Notice of intent to lien: Kentucky does not require a separate pre-filing "notice of intent to lien" for private commercial projects; the applicable pre-lien step is the Notice to Owner (preliminary notice) above. After filing, a copy of the lien statement must be mailed to the owner within 7 days (KRS 376.080) or the lien is dissolved.
Mechanics lien filing deadline: Within 6 months of last furnishing labor or materials (KRS 376.080). The same 6-month deadline applies to all claimants. An enforcement action must then be filed within 12 months of recording the lien (KRS 376.090).

Kentucky lien waiver FAQ

Does Kentucky require a specific lien waiver form?

No. Kentucky does not prescribe a statutory or standard lien-waiver form, so waivers may be freely worded — though they should clearly state the amount waived, the property, and be signed by the waiving party. Note that under KRS 371.405 any waiver of lien rights given in advance of payment is void; only partial progress-payment waivers are enforceable.

Do lien waivers need to be notarized in Kentucky?

No. Lien waivers do not need to be notarized in Kentucky. (By contrast, the mechanics lien statement filed with the county clerk must be subscribed and sworn to / notarized under KRS 376.080, but that is the lien claim, not the waiver.)

Can lien waivers be signed electronically in Kentucky?

Yes. Electronic signatures on lien waivers are valid in Kentucky under the federal E-Sign Act and Kentucky's Uniform Electronic Transactions Act (KRS Chapter 369); because waivers are not required to be notarized, they can be signed electronically.

What is the deadline to file a mechanics lien in Kentucky?

A mechanics lien must be filed with the county clerk within 6 months of last furnishing labor or materials (KRS 376.080). A suit to enforce the lien must then be brought within 12 months of filing (KRS 376.090).