KRS 376.070: Contractor or architect to apply payments to claims -- Exception where

lien waived.

(1) Any contractor, architect or other person who builds, repairs or improves the

property of another under such circumstances that a mechanic's or materialman's

lien may be imposed on the property shall, from the proceeds of any payment

received from the owner, pay in full all persons who have furnished material or

performed labor on the property.

(2) If any payment by the owner to the contractor, architect or other p erson is not

sufficient to pay in full all bills for material and labor, then such claims shall be

paid on a pro rata basis to the amount of payments received, unless otherwise

agreed between the contractor, architect or other person and the holder of the claim

for material or labor.

(3) This section shall not apply where persons furnishing material or performing labor

have waived in writing their right to file mechanics' or materialmen's liens.