Contractors are often responsible for managing more than one project at once. Assessing the needs of multiple construction sites is challenging, but fulfilling those needs can be a practice in tedium. Juggling multiple timelines to meet deadlines while ensuring all contractual obligations are met is difficult, but securing payment for your services when they are due…that might be a contractor’s most exhausting job.
Lien laws vary from state to state, but every state gives contractors the right to file a lien against a property they previously worked on. If you haven’t received payment for your company’s role in a construction project, your best option to secure your payment is to consult a construction law expert. A construction lien lawyer in Franklin, TN can show you how to file a lien claim against a defaulting property.
A Construction Lien Attorney in Franklin, TN You Can Lean On
How much do you know about Tennessee statute 66-11-145? The guidelines established in this statute govern the rules regarding lien claims. A construction lien attorney in Franklin, TN can help you file a lien against a property so you can secure a late payment without resistance.
The State of Tennessee designates that a construction professional has the right to file a lien on a property that fails to uphold payment in accordance with a mutually acknowledged contract. In order for a contractor to proceed with a lien, they must be able to identify the “improvements” made to the property in question. “Improvements” include project design, general contractor work, supplying materials, or utilizing equipment that improves a property. Typically, filing a mechanic’s lien is the most efficient method to recover a payment.
Variance in Lien Law
The construction law experts at Cotney Construction Law specialize in the unique lien law requirements of Tennessee. Some of these notable distinctions include:
- Filing and recording deadlines
- Notice provisions
- Differences when dealing with general contractors, subcontractors, and suppliers
When you’re entrenched in a lien claim, it’s important to become well versed in the various notices you are required to deliver to the property owner. These include:
- Notice of Commencement
- Notice of Completion
- Preliminary Notices
- Notice of Nonpayment
- Notice of Lien and Sworn Statement
The inability to comply with the State of Tennessee’s unique lien requirements can result in a failed lien claim. If you don’t contact a construction lien attorney in Franklin, TN you could fall into one of these common lien pitfalls:
- Missing deadlines
- Calculating timelines with incorrect dates
- Serving notices outside of the required timeline
- Failing to respond to a Notice of Completion
- Initiating a lawsuit to enforce a lien after the statutory time frame.
- Not filing a Notice of Lien and sworn statement
If you would like to speak with a construction lien lawyer in Franklin, TN, please submit our contact request form.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.