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Kentucky
Lien Waiver Forms

Kentucky lien waivers: partial waivers for payments actually made under the Fairness in Construction Act

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State Rules

How Kentucky treats lien waivers

Kentucky prescribes no statutory lien waiver form: KRS chapter 376 leaves the format to the parties and requires no notarization, so our general-purpose conditional and unconditional progress and final waivers apply. On covered non-residential projects, KRS 371.405(2)(b) voids any construction-contract provision purporting to waive, release, or extinguish lien rights, allowing only partial waivers given in exchange for payments actually made to the contractor or subcontractor. Matching each waiver to the payment it accompanies keeps it inside that exception.

What to know about Kentucky lien waivers

  • On covered (non-residential) Kentucky projects, contract clauses waiving lien rights are void under KRS 371.405(2)(b): only partial waivers given in exchange for payments actually made hold up, so tie each waiver to a payment actually received rather than waiving in the construction contract.

Kentucky lien waiver forms we generate

Four house forms cover every payment on a Kentucky project: conditional or unconditional, progress or final.

Conditional Progress

Conditional Waiver and Release of Lien: Progress Payment

Signed when a progress payment is promised: the waiver only takes effect once that payment actually arrives.

Unconditional Progress

Unconditional Waiver and Release of Lien: Progress Payment

Signed after a progress payment has been received: immediately waives lien rights for work through the covered date.

Conditional Final

Conditional Waiver and Release of Lien: Final Payment

Signed when the final payment is promised: waives all remaining lien rights, but only once the payment clears.

Unconditional Final

Unconditional Waiver and Release of Lien: Final Payment

Signed after the final payment is in hand: a complete, immediate waiver of lien rights on the project.

Kentucky has no statutory waiver form to download blank. The generator above fills in a general-purpose form with Kentucky's signing rules built in instead.

Signing a lien waiver in Kentucky

Execution rules (the form's wording, notarization, witnesses, and whether an electronic signature works) are set by state law. Here's what applies in Kentucky, built into every waiver we generate.

Advance waivers

KRS 371.405(2)(b) (Kentucky Fairness in Construction Act): a construction-contract provision purporting to waive, release, or extinguish rights to claim a lien under KRS ch. 376 is void as against public policy, except partial waivers of lien rights given in exchange for payments actually made to the contractor or subcontractor. The Act excludes residential projects (KRS 371.400).

Kentucky execution rules

  • ⚖ No prescribed statutory form: our attorney-reviewed house forms apply.
  • ✓ Notarization: not required in Kentucky.
  • ✓ Witness: not required in Kentucky.
  • ✓ E-signature: available. Send Kentucky waivers for electronic signature and get the signed copy stored with a tamper-evident audit certificate.

Kentucky lien waiver questions

Which lien waiver forms does Kentucky use?
Kentucky does not prescribe a statutory lien waiver form, so the format is up to the parties. Our generator uses four general-purpose forms: conditional and unconditional waivers for progress and final payments.
Do Kentucky lien waivers need to be notarized?
No. Kentucky does not require lien waivers to be notarized.
What is the difference between a conditional and an unconditional lien waiver in Kentucky?
A conditional waiver takes effect only once the payment it describes actually arrives; if the check bounces or never comes, your lien rights survive. An unconditional waiver gives up lien rights as soon as it is signed, whether or not you are ever paid, so sign one only after the money is in hand.
What is the difference between a progress and a final lien waiver in Kentucky?
A progress waiver covers a single progress payment and waives lien rights only for work through a stated date, leaving rights for later work intact. A final waiver goes with the last payment and waives all remaining lien rights on the project.
Is a lien waiver signed in advance enforceable in Kentucky?
KRS 371.405(2)(b) (Kentucky Fairness in Construction Act): a construction-contract provision purporting to waive, release, or extinguish rights to claim a lien under KRS ch. 376 is void as against public policy, except partial waivers of lien rights given in exchange for payments actually made to the contractor or subcontractor. The Act excludes residential projects (KRS 371.400).

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