A Guide to Filing a Valid Mechanics’ Lien in Tennessee
Jessica Mora
May 19, 2025
Mechanics’ liens are powerful tools for contractors, subcontractors, and suppliers who want to secure payment for labor or materials provided for construction projects. Understanding the rules and steps for filing a valid mechanics’ lien in Tennessee is critically important. This guide will walk you through how the process works for both residential and commercial properties, from defining property types to filing deadlines and notice requirements.
Under Tennessee construction law, “residential property” refers to single-family, owner-occupied dwellings defined by their intended use as a primary residence. This includes structures such as houses and townhomes but does not encompass apartment complexes, condominiums with multiple units, or buildings primarily used for commercial purposes.
Tennessee grants lien rights to contractors, subcontractors, material suppliers, and laborers who contribute labor or materials to the construction, repair, or improvement of residential property. However, suppliers to subcontractors may not have lien rights unless they contract directly with the general contractor or property owner.
To protect lien rights, subcontractors and material suppliers who are not in direct contract with the property owner must send a Notice of Nonpayment to the property owner and general contractor. This notice must be sent within 90 days from the last day of work or last delivery of materials to the property. The Notice of Nonpayment is a critical step for preserving the right to file a lien and should be sent via certified mail for proof of delivery.
To file a valid lien on residential property, you must record the mechanics’ lien in the office of the register of deeds in the county where the property is located. This must be done within 90 days after the completion or termination of the work for which the claim is being made. Ensuring the lien is recorded within this window is crucial to protect your claim.
“Commercial property” includes all types of non-residential properties, such as office buildings, retail spaces, hotels, and multi-family dwellings like apartment complexes and condominiums. Commercial property is typically defined by its use for business or non-residential purposes.
Like residential property, contractors, subcontractors, laborers, and suppliers who provide labor, materials, or services for a commercial project have lien rights under Tennessee law. Additionally, design professionals such as architects and engineers may also claim lien rights for services they provided directly related to the improvement of the property.
For subcontractors and suppliers, a Notice of Nonpayment must be sent to the property owner and general contractor within 90 days of last providing labor or materials. However, for commercial property projects, general contractors must also send a Notice of Lien to the property owner within 90 days of filing the lien.
General contractors are not required to send an initial Notice of Nonpayment because they are presumed to have a direct contractual relationship with the owner. However, all parties involved must be diligent in providing timely notices to ensure their lien rights are preserved.
The lien must be recorded with the register of deeds in the county where the property is located within 90 days after the completion of the project or the last date of work for the claimant. For both residential and commercial projects, liens that are filed outside this timeline will be invalid.
Once the lien is recorded, a copy of the lien must be sent to the property owner within 90 days of the lien filing. This notice ensures the property owner is informed of the claim and is given an opportunity to address it. Like the Notice of Nonpayment, this notice should be sent via certified mail to establish proof of delivery.
Tennessee law requires lien claimants to file a lawsuit to enforce their lien within one year of the date the lien was filed. If a suit is not filed within this timeframe, the lien becomes unenforceable, and the claimant loses their right to recover through foreclosure proceedings.
If you file a lawsuit to enforce a mechanics’ lien, you may be able to recover attorney fees if the contract with the property owner or general contractor specifically provides for such recovery. Tennessee law does not automatically allow for the recovery of attorney fees unless they are expressly stated in the contract. This underscores the importance of including provisions for attorney fees in your agreements.
Navigating Tennessee’s mechanics’ lien laws can be complex, but following the proper steps can help you effectively protect your payment rights. Whether working on residential or commercial property, proper notice, timely filing, and adherence to legal deadlines are key.
By staying diligent in these processes, you can feel confident that your right to be paid is protected.
Karalynn Cromeens is the Owner and Managing Partner of The Cromeens Law Firm, PLLC, with over 17 years of experience in construction, real estate, and business law. A published author and passionate advocate for contractors, she has dedicated her career to protecting the businesses her clients have built. Karalynn is on a mission to educate subcontractors on their legal rights, which inspired her books Quit Getting Screwed and Quit Getting Stiffed, as well as her podcast and The Subcontractor Institute.
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