How do I file a mechanic's lien in Tennessee?

Tennessee mechanic's and materialmen's liens are governed by Tenn. Code Ann. §§ 66-11-101 to 66-11-208.

1. Who Can File

Prime contractors, subcontractors, materialmen, laborers, design professionals (architects, engineers, surveyors, landscape architects), and equipment lessors (Tenn. Code Ann. § 66-11-101 et seq.).

2. Preliminary / Pre-Lien Notice

Remote contractors (subs, suppliers) must serve a Notice of Nonpayment on the owner and prime contractor within 90 days of the last day of each month in which labor/materials were furnished and not paid (Tenn. Code Ann. § 66-11-145). For residential improvements (1-4 units), a remote contractor must also serve a Notice to Owner before first furnishing labor or materials, or lien rights are lost (Tenn. Code Ann. § 66-11-203).

3. Recording the Lien

Record a Sworn Statement of Lien (or Notice of Lien) with the register of deeds where the property is located. Prime contractors: lien is automatic for 1 year from completion if not recorded (Tenn. Code Ann. § 66-11-104), but recording is required to preserve against third parties. Remote contractors: must record within 90 days of completion or abandonment (Tenn. Code Ann. § 66-11-112).

4. Service on Owner

Serve a copy of the Sworn Statement of Lien on the owner contemporaneously with recording.

5. Suit to Foreclose

Prime: commence suit within 1 year of completion (Tenn. Code Ann. § 66-11-106). Remote: within 90 days of service of the Notice of Lien, but not later than 1 year (Tenn. Code Ann. § 66-11-115).

6. Priority

Liens attach as of the visible commencement of operations (Tenn. Code Ann. § 66-11-104), taking priority over subsequently recorded mortgages.

7. Bond Release

Owner may bond off the lien by posting a surety bond for 125% of the lien (Tenn. Code Ann. § 66-11-142).

8. Homestead / Residential

For 1-4 unit residential improvements, remote contractors must serve a pre-work Notice to Owner; failure terminates lien rights. Owner-occupied residences also benefit from stricter preliminary-notice enforcement.

9. Fraudulent Lien Penalties

Willfully filing an exaggerated or false lien is grounds for damages, attorney's fees, and possible criminal liability under Tenn. Code Ann. § 66-11-139.

This is legal information, not legal advice.