In the Volunteer State, contractors who are engaged in a contract directly with the owner of a project are not required to furnish any sort of pre-lien notice in the event of nonpayment. Unfortunately, subcontractors aren’t as lucky. The laws regarding pre-lien notices for subcontractors in Tennessee are extremely confusing, but don’t fret; our Nashville construction law firm has been fighting for the industry for years to secure payments from delinquent owners and ensure that the industry can continue to grow and prosper.
Getting to Know Tennessee’s Pre-Lien Notices
As we already mentioned, the prime contractor, or the contractor dealing directly with the owner, doesn’t have to worry about pre-lien notices in Tennessee. Instead, that burden falls almost entirely on the subcontractors working under the prime contractor. Here’s how it works:
- In order to preserve lien rights, subcontractors must file a notice of intent to lien no later than ninety days after project completion or upon satisfying the terms and conditions of the contract.
- Next, for all commercial projects, the subcontractor must send a notice of nonpayment to the owner and general contractor no later than ninety days after the last day of the month wherein the subcontractor furnished provisions of labor or materials. If a subcontractor does not supply this notice, it will terminate their ability to file a mechanics lien according to Tennessee law.
- Additionally, subcontractors must provide separate pre-lien notices for every month they provided services or supplies without being compensated.
Are You Ready to File a Mechanics Lien?
Nashville construction law is a complex legal field that requires a combination of textbook knowledge and blue-collar experience. That’s why Cotney Construction Law employs attorneys familiar with construction inside and outside of the courtroom. Our team is composed of former contractors, project managers, and workers. We fight for the construction industry to ensure that construction professionals are given a fair shake and have the legal protection they need to avoid detrimental incidents like owner nonpayment. We’ll help you perfect your lien and maintain your lien rights. Let the experienced attorneys at our Nashville construction law firm handle your case.
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.