Under Tennessee Mechanic’s Lien Law, any person, including engineers and architects, that furnishes labor or materials for the construction, improvement, repair, or removal of a building or structure are entitled to lien rights. However, one misstep could jeopardize a lienor’s ability to recover payments. It is in your best interest to seek counsel from an experienced Nashville mechanics lien law attorney for assistance with the multi-step filing process for a lien.
Important Notice Requirements
To protect payment rights, contractors must furnish the owner with a Notice to Owner before starting project work. In residential projects, the notice is built into the contract. On the other hand, other parties such as subcontractors and suppliers must deliver their notice within 90 days of the last day of each month they have provided labor and materials. Some notice requirements include:
A Notice of Intent
To avoid filing a lien, you may send a notice of intent as a warning. The notice must be filed within 90 days of the completion of the improvement or 90 days after completion of the contract in order to protect your lien rights.
A Notice of Nonpayment
With the exception of residential property, a notice of nonpayment must be provided to the owner and general contractor within 90 days of the last day of the month within which a remote contractor’s labor or materials were provided.
Liens are rendered invalid when proper notices are not filed in a timely manner.
Filing a Claim
Contractors with direct contractual privity with an owner have one year from their last date of work to file a lien. Subcontractors have 90 days from their last date of work to file a lien. Tennessee lien requirements must be followed as outlined in statute, Title 66, Chapter 11 in order for a lien to be enforceable.
Nashville Construction Lien Law Experts
If you wish to pursue a lien to secure payment for the work or supplies rendered on a construction project, a Nashville mechanics lien law attorney is invaluable. Tennessee lien law can be complicated because of the different municipal and state laws that govern the registering or enforcement of the lien. This is why you need an expert on your side who understands its intricacies as well as the key filing deadlines and notice provisions.
If you are in need of a professional construction law firm, please submit our contact request form for more information.
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.