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Tennessee Mechanics Lien Frequently Asked QuestionsTennessee Lien Documents are Easy to File with LienItNow.com  What is a Tennessee mechanics' lien claim?In Tennessee, liens filed on private
property or on funds
relating to a public
project are known as
Mechanic's Liens. When
a Tennessee mechanics lien is filed with
regard to work performed
on privately owned
property, it attaches to
and encumbers the fee
simple ownership of
property. When a
Tennessee mechanics lien is
filed with regard to
work performed on a
publicly or government
owned property, it
attaches to the fund of
money which the public
agency has allocated for
a project. The reason
for this is that you
cannot force the sale of
publicly owned land
(public agencies mean
any county, city, town,
township, public
commission, public board
or other municipality
authorized by law to
make contracts for the
making of any public
improvement in any city,
town, township or other
municipality). Who can file a Tennessee mechanics' lien Claim?All persons providing
labor or materials for
the construction,
repair, or improvement
or removal of any
permanent building or
structure next to real
estate is entitled to a
Tennessee mechanics' lien .
In Tennessee, architects and engineers
are entitled to
mechanics' lien rights. Are pre-lien notices for a Tennessee mechanics' lien Claim required?In Tennessee, a
contractor in direct
contractual privity with
the owner has no
pre-lien notice
requirements. However,
subcontractors have
various pre-lien notice
requirements. Subcontractor pre-lien
notice requirements are
as follows: a notice of
intent to file a lien
must be filed within 90
days of the completion
of the improvement or 90
days after completion of
the contract in order to
preserve ones lien
rights. In addition,
except for residential
property, a notice of
nonpayment must be
provided to the owner
and general contractor
within 90 days of the
last day of the month
within which the
subcontractor's labor
and materials were
provided. Failure to
provide this notice of
nonpayment will
extinguish any potential
Tennessee Mechanics Lien rights.
Subcontractors are
required to give a
separate pre-lien notice for each
month within which
unpaid services or
supplies were provided.
When should a Tennessee mechanics' lien Claim be filed?
Those with direct
contractual privity with
the owner have 1
year from their last
date of work file a
Tennessee mechanics lien;
subcontractors
have 90 days from
their last date of work
to file a Tennessee
mechanics lien. How much does it cost to file a Tennessee mechanics' lien Claim?LienItNow.com prepares, files and
serves Tennessee
mechanics' liens (which
includes a written
notice of intent to
claim a lien, if
necessary, as well as a
verified statement of
lien) for a fee of
$250.00. Tennessee
pre-lien notices
are not included in the
$250.00 price, but can
be filed for a fee of
$50.00. Do I need a written contract to file a Tennessee Mechanics Lien Claim?No, Tennessee does not
require written
contracts in order to
file a Tennessee
Mechanics Lien. Oral contracts are
sufficient. How does filing a Tennessee mechanics' lien Claim help me get my money?On a private project,
the Tennessee mechanics' lien places an encumbrance on
the property that makes
it difficult to resell
or re-finance the
property without first
removing the mechanics lien. What is a Tennessee Stop Notice and why should it be filed
LienItNow.com prepares and serves
Tennessee Stop Notices for
a fee of $100.00.
A Stop Notice is a
notification that has
the ability to enhance
the effectiveness of a
mechanic's lien. A Stop
Notice, or a notice to
withhold funds, is sent
to the company that is
financing or funding the
construction funds for a
project. Once that
company receives the
Stop Notice, that
company has notice that
it should withhold
sufficient money to
satisfy the stop notice
claim. The purpose of
the Stop Notice is to
provide the lender,
financiers or funders of
the construction project
notice that there is
money owed to a
contractor,
subcontractor or
supplier so that an
inquiry can be made as
to why that money is not
being paid. What is a Tennessee Amendment to a mechanics' lien Claim?LienItNow.com prepares, files and
serves Tennessee
Amendments to mechanics' lien Claims for a fee of $225.00. Amendments to a
mechanics' lien claim
are often needed when
something about the
claim changes. Common
changes to a lien claim
are increases or
reductions in the amount
due to the lienor, or a
change to the last date
of work. When should a Tennessee Discharge of mechanics' lien claim be filed?LienItNow.com prepares, files and
serves Tennessee
Discharges of mechanics' lien Claims for a fee of
$75.00. Once the lienor
has been paid the amount
contained in its lien
claim, or has come to an
agreement that requires
the lien claim to be
removed from the
property records, a
Discharge of mechanics' lien Claim should be
filed. How much does it cost to file a Tennessee Extension of a mechanics' lien Claim?LienItNow.com prepares, files and
serves extensions of
mechanics' lien Claims
for a fee of $75.00.
All lien claims expire
after a certain period
of time, and filing an
extension of the
mechanics' lien claim
prolongs the expiration
date. Tennessee law,
however, does not permit
an extension of
mechanics' lien claims. Can I file a Bond Claim on a Tennessee Project?LienItNow.com prepares, files and
serves Tennessee Bond Claims for a fee of $250.00. Bond claims
can only be filed on a
project where the owner,
contractor or
subcontractor has
obtained a payment bond
to ensure that every
contractor receives
payment for the work
performed on the
Project. The payment
bonds issued by sureties
for construction
projects have specific
timing requirements, but
most require claimants
to submit claims against
the bond within sixty to
ninety days from the
claimants' last date of
work. Bond claims are as or
more effective than a
lien claim because the
payment bond acts as a
guarantee that payment
will be made for work
properly completed. Do I need to file a Pre-Notice to make a claim against a Tennessee payment bond?LienItNow.com prepares, files and
serves Tennessee
Pre-Notices for bond
claims for a fee of
$50.00. Depending on
the terms of the payment
bond, pre-notices may or
may not be required.
LienItNow.com recommends that, prior
to or immediately after
starting work or
delivering materials to
a project,
subcontractors and
suppliers, file a
pre-notice that it is a
potential beneficiary of
the construction
project's bond. |
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