In Tennessee, it’s nothing new for a contractor to file for a mechanic’s lien. Many people don’t have to, but the fact of the matter remains that they may need to when it comes to a client that doesn’t pay up. If this contractor that ends up suffering is you, then you’re going to need to take special measures to properly ensure that you get your lien filed in time so you can get paid – and this varies state by state (even though many states in the United States have similar rules to follow). We’ll tell you a bit in this guide about filing for a Tennessee mechanic’s lien, and how to get it done as easy as possible!
Commercial or Residential?
There are certain things that need done when it comes to filing a lien. In Tennessee, you don’t have to file a preliminary notice (an intent to lien), but you’ll possibly want a follow-up notice to confirm that you are serious, and then of course, the notice of non-payment if you’re doing commercial work. After these have all been done, and your client still doesn’t pay, you have the right to file a mechanic’s lien as long as you file the time.
For non-commercial residents, you don’t have to provide a follow-up notice of non-payment within 90 days of the job being done. For residential notices, if you hire a company to handle the process, they’ll go ahead and send a courtesy notice, but they aren’t required to. Once that is done, you can go ahead and file a lien.
How Long Do I Have?
The whole operation in every state including TN has a timeline that needs to be followed. Just because it’s the Volunteer State, this doesn’t mean you have to volunteer without payment! Here’s some things you may want to know about TN before you file for a mechanic’s lien.
- While it’s not necessary, filing a notice of intent to lien is a great way to “scare” your non-paying customer into filing a lien.
- You have to file your preliminary notice (your intent to file a lien) within 90 days of the month in which the material or labor was performed, furnished, or delivered.
- Once everything’s done, you’ll need to file the lien. That is of course, unless you hire a company who will help you do that.
- Public works sections require a claim of bond within 90 days of project completion as opposed to an intent notice, so don’t forget that. If you’re doing it on your own, this can actually end up being a LOT of paperwork.
Conclusion
One of the best things you can do if you’re a contractor who is needing to ensure that they get paid in MO is hire the right professionals to assist you with the entire process from start to finish. Fortunately, you can hire a company like the Building Industrial Credit Association to get the job done right – they’ve helped secure bonds and payments for contractors since the early 1900s and are there to help you!