I have made only one visit to TENNESSEE. I had a business meeting in 1996 with a small company named SMITHWARE, located alongside the campus of VANDERBUILT UNIVERSITY in Nashville. I will return sooner than later to the state, as an old gradeschool friend of mine when we grew up together in Elmhurst, IL is now an executive with one of our customers, CARRIER CORPORATION, raising his family in Franklin, TN.
I just finished entirely writing for PreLien2Lien thirty-two (32) new notices for the state of TENNESSEE. They also have (CTT) Custom Template Technology, enabling each template notice to be customized for a one-time $50 fee.
The only 1st notice required in TENNESSEE at the start of a construction related improvment is for General/Prime Contractors. TENNESSEE Code Annotated § 66-11-203 mandates that a Prime/General Contractor must serve by registered mail a Contractor’s Notice To Owner to the prior to the commencement of the improvement of a property. It is also recommended that you send a copy of the Contractor’s Notice To Owner to the other legal parties on a project (Customer, Lender, Owner’s Agent).
Subcontractors do have to send a warning notice before filing a lien. TENNESSEE Code Annotated § 66-11-145 mandates that a Notice Of Nonpayment must be served by the Subcontractor to the Owner ninety (90) days after the last day of the month where labor or materials were provided for the improvement of a project. Additionally, TENNESSEE Code Annotated §12-4-115 mandates that along with a Notice Of Nonpayment, Subcontrators must serve a Notice To Owner within ninety (90) days after the completion of providing labor or materials or the completion of the entire project.
General/Prime/Sub Contractors (Private Projects): TENNESSEE Code Annotated § 66-11-117 mandates that a Notice Of Lien And Sworn Statement – Subcontractor can be recorded at any time up to ninety (90) days after the completion of providing labor or materials or the completion of the entire project. It is recorded at the Register’s office in the county where a project you provided construction related labor, services, equipment or materials is located. A recorded copy of a Notice Of Lien And Sworn Statement must be sent to the Owner of the improved property, with copies being sent also to the other legal parties (General Contractor, Lender, Customer).
Note that the time frame documented above is made much shorter when an Owner or Owner’s Agent files a Notice Of Completion. TENNESSEE Code Annotated § 66-11-143 mandates that an Owner or Owner’s representative (Agent, GeneralPrime Contractor) should record a Notice of Completion at the completion of a project with the Register of Deeds in the county in which the improvement is located. Prime Contractors and Subcontractors then have ten (10) days (residential) or thirty (30) days (commercial) to record a Notice Of Lien And Sworn Statement.
Subcontractors (Private Projects): TENNESSEE Code Annotated § 66-11-117 mandates that Subcontractors have ninety (90) days after filing A Notice Of Lien And Sworn Statement to foreclose on the property after recording the Notice Of Lien And Sworn Statement.