Mechanics liens

Tennessee mechanics lien law and deadlines

In Tennessee a lien is recorded with the county register of deeds within 90 days after the improvement is completed or abandoned. Prime contractors have one year to sue. Remote contractors (subs and suppliers) must also send monthly notices of nonpayment and serve a notice of lien, which only lasts 90 days.

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Tennessee's mechanics lien law is Title 66, Chapter 11 of the Tennessee Code Annotated, and it splits claimants into two groups. A prime contractor contracts with the owner. A remote contractor is everyone else down the chain. The shared deadline is recording: a sworn statement of the lien goes to the register of deeds in the county where the property sits within 90 days after the improvement is completed or abandoned (T.C.A. § 66-11-112). After that, the paths split. A prime contractor's lien lasts one year from completion (§ 66-11-106). A remote contractor's lien lasts only 90 days from serving its notice of lien on the owner (§ 66-11-115), and it may already be lost if the monthly notice of nonpayment was not sent (§ 66-11-145).

Tennessee lien deadlines at a glance (T.C.A. Title 66, Chapter 11)
StepPrime contractorRemote contractor (subs, suppliers)Section
Notice of nonpaymentNot requiredWithin 90 days after the last day of each month you worked and went unpaid (not on 1 to 4 family residential)§ 66-11-145
Record sworn statement of lienWithin 90 days after completion or abandonment (unless the contract itself was recorded)Within 90 days after completion or abandonment§ 66-11-112
Serve notice of lien on ownerNot requiredWithin the same 90-day recording period§ 66-11-115
Lien duration (sue before it ends)1 year after completion or abandonment90 days from serving the notice of lien§ 66-11-106, § 66-11-115
Owner-occupied homesLien availableGenerally no lien§ 66-11-146

Who has lien rights in Tennessee

Section 66-11-102 gives a lien to prime and remote contractors who improve real property, but only if they complied with Title 62, Chapter 6, the contractor licensing law. An unlicensed contractor has no lien under the chapter, so confirm your Tennessee contractor license covers the job's size. Architects and engineers licensed under Title 62, Chapter 2, and land surveyors, have a lien for services performed under contract with the owner or the owner's agent, for the improvement actually made. That design-professional lien does not apply against owner-occupants of one- or two-family detached homes.

Notice of nonpayment for remote contractors

Tennessee has no up-front preliminary notice at the start of a job. Instead, § 66-11-145 requires every remote contractor to serve a notice of nonpayment on the owner and on the prime contractor it is connected to, within 90 days after the last day of each month in which it provided work or materials and was not paid. The notice states your name and address, a general description of what you provided, the amount owed as of the notice date, the last date you worked, and a property description. The statute includes a form titled "NOTICE OF NONPAYMENT".

Miss it and you have no right to claim a lien, except for amounts held back as retainage. Example: a steel erector on a Nashville warehouse goes unpaid for its February work. February ends February 28, so the notice of nonpayment must be served by May 29 in a non-leap year. If March also goes unpaid, March gets its own 90-day clock. The requirement does not apply to work on one- to four-family residential units, but see the residential limits below.

Recording and enforcing the lien

A lienor that has not recorded its contract under § 66-11-111 records a sworn statement of the amount claimed and a reasonably certain property description with the register of deeds within 90 days after the improvement is completed or abandoned. Section 66-11-112(d) provides a form with a notary acknowledgment, and the recording fees become part of the lien. A project counts as abandoned after 90 days of stopped work combined with an intent to quit permanently or indefinitely.

A remote contractor must also serve a written notice of lien on the owner within that same recording period (§ 66-11-115). Its lien then lasts 90 days from service, and continues only if an enforcement suit under § 66-11-126 is filed within that window. A prime contractor's lien lasts one year after completion or abandonment and is extended by a suit filed within that year (§ 66-11-106). Watch for a notice of completion. Under § 66-11-143 the owner may record one with the register of deeds once the improvement is finished, and a remote contractor that already served a notice of nonpayment must be served a copy; it then has 30 days from recording to serve a written response.

Residential property: prime contractors only

Section 66-11-146 covers a one-dwelling building the owner lives in or intends to use as a principal residence, and two- to four-unit buildings where the owner lives in one unit. On those properties, a lien exists only in favor of a prime contractor. Subs and suppliers on a typical owner-occupied remodel or custom home have no lien and must protect themselves through the contract, joint checks, or collection against the party that hired them. There is an exception when the owner and the general contractor are the same person or controlled by the same person, which lets parties contracting with them claim.

Lien waivers in Tennessee

This page could not confirm on an official site whether Tennessee prescribes a statutory lien waiver form. Treat waiver language as a contract matter: sign conditional waivers tied to a specific payment, sign unconditional waivers only after the money clears, and read any waiver that releases more than lien rights. Check Title 66, Chapter 11 or ask counsel before signing anything unusual.

Public projects: payment bonds

Public improvements are not lienable. Under T.C.A. § 12-4-201, before a city, county, or state authority lets a public works contract, the contractor must furnish a payment bond covering labor and materials used by the contractor and its subs; on contracts over $100,000 the bond must be at least 25 percent of the contract price. Under § 12-4-205, a claimant gives written notice within 90 days after the public work is completed, by certified mail or personal delivery, to the contractor that gave the bond or to the official who awarded the contract. Highway and other special-purpose projects can carry their own bond rules, so check the contract documents. See also Tennessee prompt payment rules.

Frequently asked questions

How long do I have to file a mechanics lien in Tennessee?

Record the sworn statement of lien with the register of deeds in the county where the property is located within 90 days after the improvement is completed or abandoned (T.C.A. § 66-11-112). Remote contractors must also serve a notice of lien on the owner within that period (§ 66-11-115).

Does Tennessee require a preliminary notice?

Not at the start of the job. Remote contractors must serve a notice of nonpayment on the owner and the prime contractor within 90 days after the last day of each unpaid month, except on one- to four-family residential units (§ 66-11-145).

How long does a Tennessee lien last?

A prime contractor's lien lasts one year after completion or abandonment (§ 66-11-106). A remote contractor's lien lasts 90 days from serving the notice of lien on the owner (§ 66-11-115). Filing an enforcement suit within those periods extends the lien until the case is decided.

Can a subcontractor file a lien on a house in Tennessee?

Generally no. On a one-dwelling owner-occupied or intended principal residence, or a two- to four-unit building where the owner lives, only the prime contractor has a lien, with a narrow exception when the owner and general contractor are the same (§ 66-11-146).

Do I need a license to file a lien in Tennessee?

Yes, for contractors. Section 66-11-102 gives lien rights only to contractors who complied with Title 62, Chapter 6, the contractor licensing law.

Sources

  1. FindLaw: Tenn. Code § 66-11-102, Lien on real property (current as of January 2, 2024)
  2. FindLaw: Tenn. Code § 66-11-106, Duration of prime contractor lien
  3. FindLaw: Tenn. Code § 66-11-112, Recording sworn statement
  4. FindLaw: Tenn. Code § 66-11-115, Remote contractor notice of lien
  5. FindLaw: Tenn. Code § 66-11-145, Notice of nonpayment
  6. FindLaw: Tenn. Code § 66-11-146, Residential real property
  7. FindLaw: Tenn. Code § 12-4-201, Public works payment bond
  8. FindLaw: Tenn. Code § 66-11-143, Notice of completion
  9. FindLaw: Tenn. Code § 12-4-205, Notice of claim on public works bond

Laws and rates change. Confirm current requirements with the state agency before you bid, file, or pay. This page is general information, not legal advice.

Written and edited by

Maurice Francois writes and edits construction operations guides for Smart Business Automator. More from Maurice on the Scaling Legends podcast.

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