Home » 2008 » June

KENTUCKY gets new notices, custom template technology (CTT)

PreLien2Lien has a small, but passionate user base of construction suppliers located around Louisville, KY.  Companies using the software include C.M.A. SUPPLY COMPANY OF LOUISVILLE, KENTUCKIANA CURB, METAL SALES MANUFACTURING, ROOFING SUPPLY GROUP, and UNIT STRUCTURES.  Their use of PreLIen2Lien has been made easier by the recent upgrade of twenty-nine (29) new notices for the state of KENTUCKY. They also have (CTT) Custom Template Technology, enabling each template notice to be customized for a one-time $50 fee.

Subcontractors in KENTUCKY don’t have to provide a 1st notice of private projects.  However, a Preliminary Notice (Private Commercial or Residential Project) is an optional document that can be served to all legal parties on a project (Customer, Owner, General Contractor, Lender) after first furnishing construction related labor, professional services, materials, machinery, fixtures or tools to a jobsite. It improves your chances of being paid on a timely basis, as it notifies all legal parties of your future right to file a Bond Claim, Statement Of Lien or Stop Notice in the event you are not paid on a timely basis.

On Public projects (city, county, state, authority) KENTUCKY Revised Statutes § 376.210 mandates that a Preliminary Notice (Public Works Project) can be filed by a Subcontractor furnishing construction related labor, professional services, materials, machinery, fixtures or tools on a Public Projects works project. It should be filed in the clerk’s office for each county where the public improvement has been made. A recorded copy of the notice should then be delivered in person, or by Certified Mail, to the Public Entity that owns the property being improved. It is advisable that any other legal parties related to the improvement of the property (Customer, Lender/Surety and General Contractor) get sent the Preliminary Notice.

KENTUCKY Revised Statutes § 376.010 does mandate that a Subcontractor on a commercial or residential project must deliver a Notice To Owner to the Owner and General/Prime Contractor prior to filing a Statement of LIen. The Notice should be delivered in person or by Certified Mail to the Owner of the property and the General/Prime Contractor along with any other legal parties related to the improvement of the property (Customer, Lender). It must be delivered no later than seventy-five (75) days after last providing labor or materials (residential, commercial less than $1,000) or one hundred twenty (120) days for commercial claims greater than $1,000.

General/Prime/Sub Contractors (Private Projects): KENTUCKY Revised Statutes § 376.080 mandates that a Statement of Lien-Private Project (Mechanic’s Lien) must be recorded no later than six (6) months after the last day that labor, skills, services or machinery are furnished for a project. It is recorded at the County County Clerk’s Office in the county where a project you provided labor, skills, services or machinery are furnished for a project. You then have seven (7) days to deliver a Statement of Lien-Private Project (Mechanic’s Lien) in person or by Certified Mail to the Owner of the property along with any other legal parties related to the improvement of the property (General/Prime Contractor, Customer, Lender).

ALABAMA gets new notices, custom template technology (CTT)

I have been to ALABAMA, albeit as a passenger in a car driving on Highway 10 go to/from LOUISIANA for a weekend getaway at an Army friends house. The lure of playing reasonably priced golf on the Robert Jones Golf Trail intrigues me. We aslo have a great group of customers in the state, including AES INDUSTRIES in Talahassee, LEGACY CABINETS in Eastaboga and VOLVO RENTS in Spanish Fort.

Twenty-nine (29) ALABAMA notices were entirely re-written in PreLien2Lien this month. They also have (CTT) Custom Template Technology, enabling each template notice to be customized for a one-time $50 fee.

Subcontractors in ALABAMA must send out a out a 1st notice at the start of a construction improvment.  ALABAMA Code § 35-11-218 mandates that a Notice To Owner (Prior To Performance) must be sent to Owner and Contractor/Subcontractor prior to providing materials. It is also recommended for those Subcontractors providing labor or services. Either a Notice to Owner (Prior To Performance) or a Notice Of Intent To File A Lien Claim must be sent to the Owner and Contractor/Subcontractor before a Statement of Lien may be filed.

General/Prime/Sub Contractors (Private Projects): ALABAMA Code § 35-11-213 mandates that deadlines for filing a Statement of Lien are:

Subcontractors = four (4) months
Laborers = thirty (30) days
General/Prime Contractor = six (6) months

The Circuit Court of the county where the project is located is where a Statement of Lien is filed. Copies should be sent by Certified Mail to the other legal parties on the project (Customer, Owner, Prime/General Contractor, Lender).

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