Notice of Mechanics and Materialmen's Lien

NOTICE OF MECHANICS AND MATERIALMEN'S LIEN

(State of Tennessee)
Pursuant to Tenn. Code Ann. § 66-11-112 and § 66-11-117

RECORDING INFORMATION

Recording Requested By:

Name: [________________________________]

Address: [________________________________]

When Recorded, Return To:

Name: [________________________________]

Address: [________________________________]

City/State/ZIP: [________________________________]

I. PROJECT TYPE DETERMINATION

IMPORTANT: Tennessee has different requirements for prime contractors vs. remote contractors (subcontractors, sub-subcontractors, suppliers). Remote contractors must serve a Notice of Nonpayment under Tenn. Code Ann. § 66-11-145 for non-residential projects.

Claimant's Role:
☐ Prime Contractor — Direct contract with the property owner
☐ Remote Contractor — Subcontractor, sub-subcontractor, supplier, or other party without a direct contract with the owner

Project Type:
☐ Commercial / Non-Residential — Notice of Nonpayment required for remote contractors
☐ Residential (1-4 family dwelling units) — Different deadlines after Notice of Completion

II. CLAIMANT INFORMATION

III. PROPERTY OWNER INFORMATION

IV. PRIME CONTRACTOR INFORMATION

V. HIRING PARTY INFORMATION (If Different from Owner or Prime Contractor)

VI. PROPERTY DESCRIPTION

Street Address of Improved Property: [________________________________]

City: [________________________________] County: [________________________________], Tennessee

Legal Description:

[________________________________]
[________________________________]
[________________________________]

(Attach as Exhibit A if lengthy.)

Tax Map / Parcel Number: [________________________________]

VII. NOTICE OF LIEN

The undersigned Claimant hereby gives notice of a mechanics and materialmen's lien pursuant to Tenn. Code Ann. § 66-11-102 against the above-described real property and improvements thereon, and states as follows:

A. Basis for Lien (Tenn. Code Ann. § 66-11-102)

The Claimant is entitled to a lien as a person who:

☐ Furnished labor or materials for the improvement of real property under a contract with the owner (prime contractor)
☐ Furnished labor or materials under a contract with the prime contractor (first-tier subcontractor)
☐ Furnished labor or materials under a contract with a subcontractor (remote contractor)
☐ Furnished professional design services (architect, engineer)
☐ Rented equipment used in the improvement
☐ Other: [________________________________]

B. Nature of Labor, Services, or Materials Furnished

1. [________________________________]
2. [________________________________]
3. [________________________________]
4. [________________________________]
5. [________________________________]

C. Dates of Furnishing

D. Amount of Lien Claimed

VIII. NOTICE OF NONPAYMENT — REMOTE CONTRACTORS (Tenn. Code Ann. § 66-11-145)

CRITICAL FOR REMOTE CONTRACTORS ON NON-RESIDENTIAL PROJECTS: Every remote contractor on a non-residential project must serve a Notice of Nonpayment to the owner and the prime contractor in contractual privity with the remote contractor within 90 days of the last day of each month in which work or labor was provided or materials were furnished and for which the account is unpaid.

A. Applicability

☐ Claimant is a prime contractor — Notice of Nonpayment is NOT required
☐ This is a residential project (1-4 family units) — Notice of Nonpayment is NOT required
☐ Claimant is a remote contractor on a non-residential project — Notice of Nonpayment IS required

B. Notice of Nonpayment Records

C. Required Content of Notice of Nonpayment (Tenn. Code Ann. § 66-11-145(c))

Each Notice of Nonpayment must contain:
☐ Name of the remote contractor
☐ Address to which the owner and prime contractor may send communications
☐ General description of the work, labor, materials, services, equipment, or machinery provided

D. Service Method

Notices of Nonpayment must be served by:
☐ Registered mail or certified mail, return receipt requested
☐ Any nationally recognized overnight delivery service

WARNING: If the Notice of Nonpayment is not served within the 90-day window for any given month, lien rights for that month's work are permanently lost.

IX. NOTICE OF LIEN — TIMING (Tenn. Code Ann. § 66-11-115)

A. Standard Deadline

A Notice of Lien must be served within 90 days after the improvement is completed or abandoned.

B. Effect of Notice of Completion (Tenn. Code Ann. § 66-11-143)

If the owner files a Notice of Completion:

☐ Non-Residential Projects: Notice of Lien must be filed within 30 days of the Notice of Completion
☐ Residential Projects (1-4 family): Notice of Lien must be filed within 10 days of the Notice of Completion

Date of Project Completion or Abandonment: [__/__/____]

Date of Notice of Completion (if filed by owner): [__/__/____]

Applicable Filing Deadline: [__/__/____]

Date This Lien Notice is Being Served/Filed: [__/__/____]

☐ This lien is being served/filed within the applicable deadline

X. SERVICE OF NOTICE OF LIEN

Under Tenn. Code Ann. § 66-11-112, the Notice of Lien must be served on the owner of the improved property.

Method of Service:
☐ Registered mail or certified mail, return receipt requested
☐ Personal service

Date Served on Owner: [__/__/____]

Tracking Number (if mailed): [________________________________]

XI. SWORN STATEMENT AND RECORDING (Tenn. Code Ann. § 66-11-117)

After serving the Notice of Lien, the Claimant must file a sworn statement (this document, once verified) with the Register of Deeds in the county where the property is located.

Claimant's Sworn Statement

I, [________________________________], being the ☐ Claimant ☐ Authorized Officer ☐ Authorized Agent of the Claimant, do hereby swear or affirm under oath that:

1. I have read the foregoing Notice of Mechanics and Materialmen's Lien and know the contents thereof;
2. The statements contained herein are true to the best of my knowledge;
3. The amount claimed is a just and true amount due after deducting all just credits and offsets;
4. The labor, services, and/or materials described herein were actually furnished for the improvement of the above-described property;
5. All applicable Notice of Nonpayment requirements (Tenn. Code Ann. § 66-11-145) have been satisfied or are not applicable;
6. The Notice of Lien was served on the owner within the time required by Tenn. Code Ann. § 66-11-115; and
7. This sworn statement is being recorded within the time required by law.

Signature: ________________________________

Printed Name: [________________________________]

Title: [________________________________]

Date: [__/__/____]

XII. NOTARY ACKNOWLEDGMENT

STATE OF TENNESSEE
County of [________________________________]

Subscribed and sworn to before me on this [____] day of [________________________________], 20[____], by [________________________________], who is personally known to me or who produced [________________________________] as identification.

Notary Public Signature: ________________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

(SEAL)

XIII. FILING INSTRUCTIONS AND KEY DEADLINES

A. Where to Record

Record the sworn statement with the Register of Deeds in the county where the improved real property is located.

B. Critical Deadlines Summary

C. Recording Fees

Contact the [________________________________] County Register of Deeds for current recording fees.

XIV. LIEN PRIORITY (Tenn. Code Ann. § 66-11-104)

A. General Priority Rules

• A prime contractor's lien attaches to the improvement and the land on which it sits
• A remote contractor's lien attaches to the improvement only, NOT the land (unless the improvement cannot be separated from the land without material injury)
• The lien is limited to the amount due under the prime contract at the time the Notice of Lien is served (for remote contractors)

B. Priority Over Subsequent Interests

The lien has priority over all liens, encumbrances, and conveyances that attach after the commencement of the improvement.

XV. LIEN RELEASE AND BONDING PROVISIONS

A. Release of Lien

Upon full payment of the amount claimed, the Claimant shall promptly file a release of lien with the Register of Deeds.

B. Bonding Off the Lien

The owner or interested party may file a surety bond to substitute for the lien. The bond amount is determined by court order.

C. Discharge by Owner

If the lien is excessive or without basis, the owner may petition the chancery court for discharge or reduction.

XVI. ENFORCEMENT

A. Enforcement Deadline (Tenn. Code Ann. § 66-11-150)

An action to enforce the lien must be commenced within one (1) year from the date the sworn statement was recorded. Failure to file suit within one year extinguishes the lien.

B. Court of Jurisdiction

Enforcement actions are filed in the Tennessee Chancery Court or Circuit Court for the county in which the property is situated.

C. Lis Pendens

Upon commencement of a lien enforcement action, the claimant should file a lis pendens with the Register of Deeds.

XVII. PRACTICE NOTES

1. Monthly Notices of Nonpayment. For non-residential projects, remote contractors must send a separate Notice of Nonpayment for EACH month of unpaid work. Missing the 90-day window for any month permanently loses lien rights for that month's work.

2. Notice of Completion Can Drastically Shorten Deadlines. The owner's Notice of Completion reduces the filing deadline from 90 days to 30 days (non-residential) or 10 days (residential). Monitor for Notices of Completion.

3. Two-Step Process. Tennessee requires both (1) serving a Notice of Lien on the owner AND (2) recording a sworn statement with the Register of Deeds. Both steps must be completed.

4. Contractor Licensing. Tennessee requires contractor licensing for projects over $25,000. An unlicensed contractor may face difficulties enforcing a lien.

5. Remote Contractor Lien Limited. A remote contractor's lien attaches to the improvement only (not the land), and is limited to the amount due under the prime contract.

6. Residential Projects. The 10-day deadline after a Notice of Completion for residential projects is extremely tight. Act immediately.

SOURCES AND REFERENCES

• Tenn. Code Ann. Title 66, Chapter 11 — Mechanics' and Materialmen's Liens: https://law.justia.com/codes/tennessee/title-66/chapter-11/
• Tenn. Code Ann. § 66-11-145 — Notice of Nonpayment: https://law.justia.com/codes/tennessee/title-66/chapter-11/part-1/section-66-11-145/
• Tennessee Mechanics Lien Guide (Levelset): https://www.levelset.com/mechanics-lien/tennessee-lien-law-faqs/
• Butler Snow — Deadlines for Mechanics' Liens in Tennessee: https://www.butlersnow.com/news-and-events/deadlines-for-construction-based-mechanics-liens-tennessee-2

This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Tennessee should review and customize this document before use. Filing deadlines are strictly enforced; missing a deadline may result in permanent loss of lien rights.