Pre-lien Notice / Notice to Owner - Tennessee

TENNESSEE NOTICE TO OWNER

Residential Contractor Notice — Tenn. Code Ann. § 66-11-203

Use this notice only after confirming that:

• the contractor is about to enter a written or oral contract directly with the owner; and
• the work will improve “residential real property” within § 66-11-146(a)(1): a one-unit building in which the owner intends to reside or resides as a principal residence, or a two-, three-, or four-unit building in which the owner intends to reside or resides in one unit as a principal residence, including improvements on that parcel.

Section 66-11-203 requires delivery to the owner before commencing the residential improvement or making the contract. Do not substitute a generic preliminary-notice warning for the statutory language below.

Project and Party Information

Owner name(s): [________________________________]

Owner delivery address: [________________________________]

Property to be improved: [________________________________]

Contractor name: [________________________________]

Contractor address: [________________________________]

Proposed contract / improvement description: [________________________________]

Statutory Notice

NOTICE TO OWNER

Delivered this [____] day of [________________], 20[____], by [________________________________], Contractor.

The above-captioned contractor hereby gives notice to the owner of the property to be improved, that the contractor is about to begin improving the property according to the terms and conditions of the contract and that under the provisions of the state law (§§ 66-11-101–66-11-141) there shall be a lien upon the real property and building for the improvements made in favor of the above-mentioned contractor who does the work or furnishes the materials for such improvements for a duration of one (1) year after the work is finished or materials furnished.

Contractor:

Signature: ______________________________

Printed name and title: [________________________________]

Contractor entity: [________________________________]

Date: [__/__/____]

Delivery Record

Section 66-11-203 says the notice must be delivered “by registered mail or otherwise.” Section 66-11-149(c) identifies these chapter-wide service methods: registered or certified mail with return receipt requested; hand delivery evidenced by a properly notarized sworn statement confirming delivery; or another commercial delivery service providing written delivery confirmation.

☐ Registered mail, return receipt requested

☐ Certified mail, return receipt requested

☐ Hand delivery with properly notarized sworn delivery statement

☐ Commercial delivery service with written delivery confirmation

Owner served: [________________________________]

Address used: [________________________________]

Date sent or delivered: [__/__/____]

Tracking / confirmation number: [________________________________]

Receipt or delivery confirmation attached: ☐ Yes ☐ No

Certificate of Delivery

I certify that a true copy of this Notice to Owner was delivered to the owner identified above by the method and on the date stated in the Delivery Record.

Signature: ______________________________

Printed name: [________________________________]

Date: [__/__/____]

Timing and Service Check

☐ Notice delivered before the contract was made

☐ Notice delivered before the residential improvement commenced

☐ Each owner received the notice, or Tennessee counsel confirmed the recipient record

☐ Proof of the § 66-11-149 service method was retained

Section 66-11-149(d) creates rebuttable completion presumptions: on receipt for hand delivery; within three business days after registered or certified mailing; and one business day after commercial overnight delivery. Calendar from completed service, not merely document preparation.

Sources and References

• Tennessee Public Chapter 749 (2020), § 12 (official enacted replacement of § 66-11-203): https://publications.tnsosfiles.com/acts/111/pub/pc0749.pdf
• Tennessee Public Chapter 189 (2007), §§ 45 and 48 (official enacted §§ 66-11-146 and 66-11-149): http://www.capitol.tn.gov/Bills/105/Chapter/PC0189.pdf
• Tennessee Public Chapter 811 (2008), §§ 5-7 (official amendments to §§ 66-11-146 and 66-11-149): https://www.capitol.tn.gov/Bills/105/Chapter/PC0811.pdf