{"id":906137,"date":"2026-09-22T15:35:22","date_gmt":"2026-09-22T21:35:22","guid":{"rendered":"https:\/\/www.myconstructionexpert.com\/blog\/?p=906137"},"modified":"2026-09-22T15:35:26","modified_gmt":"2026-09-22T21:35:26","slug":"mechanics-liens-in-tennessee-common-mistakes","status":"publish","type":"post","link":"https:\/\/www.myconstructionexpert.com\/blog\/mechanics-liens-in-tennessee-common-mistakes\/","title":{"rendered":"Mechanics\u2019 Liens In Tennessee: Common Mistakes That Can Jeopardize Lien Rights"},"content":{"rendered":"\n

Anny Murphy | Stites & Harbison<\/a><\/p>\n\n\n\n

When a construction project goes sideways, a mechanic\u2019s lien<\/a> can be one of the most powerful tools available to secure payment. Tennessee law provides contractors, subcontractors, suppliers, and other project participants with lien rights, but those rights must be carefully preserved. Tennessee\u2019s statutes establish detailed requirements governing perfection, enforcement, and release of mechanic\u2019s liens. Unfortunately, many lien claims fail not because the claim is invalid, but because procedural requirements were not followed.<\/p>\n\n\n\n

Why Mechanic\u2019s Liens Matter<\/h4>\n\n\n\n

A properly perfected mechanic\u2019s lien can provide significant leverage in payment disputes. Conversely, an improperly filed lien may be unenforceable and can expose the claimant to additional legal challenges.<\/p>\n\n\n\n

It is important to understand both the substantive and procedural requirements associated with lien claims to ensure preservation of lien rights.<\/p>\n\n\n\n

Common Mistake #1: Waiting Too Long<\/h4>\n\n\n\n

Lien rights are governed by statutory deadlines. Once a deadline passes, the opportunity to preserve a lien may be lost regardless of the underlying merits of the claim. Contractors should evaluate potential claims early and avoid waiting until negotiations have completely broken down before consulting counsel.<\/p>\n\n\n\n

To preserve their lien rights, remote contractors (subcontractors or any other trade not in privity with the owner) must provide written notice of non-payment to the owner and prime contractor within ninety (90) days of the last day of each month within which work or labor was provided or materials, services, equipment, or machinery furnished. Importantly, the obligation to send notices of non-payment is ongoing. Additional notices must be sent if future invoices are not paid timely. Any unpaid invoices not included in a timely notice of non-payment result in a forfeiture of lien rights as to those amounts.<\/p>\n\n\n\n

The notice of non-payment must include (1) the name and address of the remote contractor; (2) a general description of the work, labor, materials, services, equipment, or machinery provided; (3) the amount owed as of the date of the notice; (4) the last date the claimant performed work and\/or provided labor or materials, services, equipment, or machinery in connection with the improvements; and (5) a description of the real property against which a lien may be claimed. Tenn. Code Ann. \u00a7 66-11-145.<\/p>\n\n\n\n

In addition, the Notice of Lien containing a sworn statement must be recorded no later than ninety (90) days after the date the improvement is complete or is abandoned. Tenn. Code Ann. \u00a7 66-11-112.<\/p>\n\n\n\n

Failure to timely achieve any of those requirements will jeopardize lien rights.<\/p>\n\n\n\n

Common Mistake #2: Assuming All Claimants Have the Same Rights<\/h4>\n\n\n\n

Tennessee law distinguishes among various project participants, including prime contractors, remote contractors, and suppliers. Different notice and enforcement requirements may apply depending on the claimant\u2019s relationship with the project. For example, Tennessee lien law requirements differ between contractors in direct privity with owners and other categories of claimants, such as subcontractors and suppliers.<\/p>\n\n\n\n

Common Mistake #3: Inadequate Documentation<\/h4>\n\n\n\n

Many lien disputes turn on documentation. Project participants should maintain:<\/p>\n\n\n\n