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
When a contractor has entered a direct contract with an owner, the contractor must furnish the owner with a Notice to Owner before starting project work. This task is performed to protect payment rights in case contractors need to enforce lien rights.
Professionals that did not enter a direct contract with an owner (like subcontractors and suppliers), have two notice requirements, with different deadlines. Whether you entered a direct contract with an owner or not, consult an attorney to learn more about providing an owner with a notice.
Subcontractor notice requirements include:
A Notice of Lien
When filing a lien, subcontractors must send a notice of lien as a warning. The notice must be served on the owner and prime contractor within 90 days of the subcontractor’s completion of the improvement in order to protect your lien rights.
A Notice of Nonpayment
A notice of nonpayment must also be provided to the owner and general contractor for each month a remote contractor has provided labor or materials and has not been paid. This notice must be provided 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 provided in a timely manner.
Filing a Claim
All contractors who want their liens to be enforceable against third parties must file the lien within 90 days of the completion of their work. Contractors with direct contractual privity with an owner have one year from their last date of work to enforce a lien. Subcontractors have 90 days from service of the notice of lien to enforce a lien. Tennessee lien requirements must be followed as outlined in statute, Title 66, Chapter 11 in order for a lien to be enforceable.
Knowledgeable in Nashville Construction Lien Law
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 experienced lawyer 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.