Mechanic's liens are governed under Chapter 376 of Kentucky Revised Statutes (K.R.S.). Although Kentucky law doesn't provide a required format for a waiver, claimants can use various types of lien waivers in order to simplify payments between contractors, subcontractors, customers, and property owners. A waiver is a knowing relinquishment of a right. In this case, the person granting the waiver is relinquishing the right to seek a mechanic's lien for all or part of the amount due. This assurance is usually enough to get the other party to pay.
Lien waivers are generally either based on a partial/progress payment or a final payment, and may be conditional or unconditional. Partial waivers release a portion of the lien rights, determined by the amount paid. Final waivers release all lien rights because the balance is paid in full. Conditional waivers give more protection to the claimant, and are dependent on any payments clearing the bank. Unconditional waivers give the advantage to the party responsible for paying, and take effect immediately upon recording, regardless of whether or not the bank covers the check.
Regardless of their nature, waivers must identify the parties, a description of the location and type of goods and/or services provided, significant dates, fees, and payments. Record the completed waiver in the office responsible for maintaining the land records for the county where the subject property is located.
A partial unconditional waiver is also used when a progress or partial payment is made, but signifies that lien rights are waived to the extent of the amount paid or purported to be paid. The waiver is not conditioned upon the actual receipt of that money, and the right to seek a lien for that amount is forfeited regardless of payment actually going through.
This article is provided for information purposes only and should not be relied upon as a substitute for the advice from a legal professional. Please speak with an attorney with questions about using a lien waiver, or for any other issues related to liens in Kentucky.
Deeds.com Kentucky Partial Unconditional Lien Waiver Forms Have Been Updated as Recently as Thursday October 10, 2019
What others like you are saying:
Ruby C. said: very easy to use this site as I live out of state.
Reply from Staff: Tanks Ruby, glad we could help.
Daniel D. said: quick and easy
Reply from Staff: Thank you Daniel.
Jackson J. said: Thank you for your help the website is simple and easy to use and dealing with this county for the 1st time there were a few things i was not too sure about but your staff was prompt and responsive and anytime there was a glitch we were promptly able to resolve the issue until the deed was accepted and recorded by the county great service thanks again.
Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Paul R. A. said: Great and prompt service. Thank you for your assistance. Paul R. Ashe, Esq.
Reply from Staff: Thank you!
Ray L. said: Thank you, I am very satisfied with the process and will provide a final review after the documents are completed and accepted by the state.
Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!
Cherif T. said: I wish every state offered such an easy and economical download of these forms. You were reasonable in price, I received one of every form you offered along with instructions, and it made my day so easy. Why pay a lawyer a fortune for these simple (almost) everyday forms when you can do it all for less than $20. Thank you for being reasonable, well organized, and available for common use! Cherif T.
Reply from Staff: Thank you!
Select County where the property is located.