How to File a Mechanics Lien in Tennessee
Step 1 — Confirm you have lien rights in Tennessee
Tennessee's recorded rules cover general contractors, subcontractors and suppliers (Tenn. Code Ann. § 66-11-145). Each of those roles has its own filing window — see Step 3. Tennessee rule detail: Sub/supplier on RESIDENTIAL projects must serve 'Notice of Nonpayment' on owner before or within 90 days of LAST furnishing. FIX: trigger_event corrected from first_furnishing to last_furnishing per statute. Residential owner gets notice to protect themselves from double payment.
Step 2 — Send the Tennessee preliminary notice
Tennessee requires a preliminary notice Notice-of-nonpayment, sub: 90-day rolling notice (Tenn. Code Ann. § 66-11-112). It is a precondition, not a formality. It must reach County Register of Deeds and Owner and Prime Contractor and Surety and Prime Contractor. Delivery: Certified Mail, Return Receipt Requested. Tennessee rule detail: Prime must file notice of lien within 90 days of last furnishing of labor or materials.
Step 3 — Your Tennessee filing deadline
Tennessee sets the window by claimant role: • General contractors: within 90 days of your last day of work or materials. • Subcontractors and suppliers: within 90 days of your last day of work or materials. The clock runs from completion — not your invoice date. Punch-list and warranty callbacks generally do not restart it. Tennessee rule detail: File notice of lien within 90 days of last furnishing.
Step 4 — Prepare and record the lien in Tennessee
Record in the county where the property sits, under Tenn. Code Ann. § 66-11-126. The document must identify the property, the owner of record, the amount actually owed, and what you furnished. Overstating the amount can void the claim outright. Tennessee rule detail: CRITICAL: File suit to enforce lien within 90 days of recording — one of the shortest windows in the US. Do not delay.
Step 5 — Serve the recorded Tennessee lien
Tennessee requires service on County Register of Deeds and Owner and Prime Contractor and Surety and Prime Contractor. Use Certified Mail, Return Receipt Requested and keep the receipt. In many states an unserved lien is unenforceable even though it appears on title. Tennessee rule detail: Written notice within 90 days of last furnishing on public works projects. No mechanic's lien on public property.
Step 6 — Enforce before the Tennessee deadline expires
You must sue to foreclose within 1 year (filing) (Tenn. Code Ann. § 66-11-211). Miss it and the lien expires and title clears, leaving only a contract claim. Tennessee rule detail: File suit on payment bond within 1 year of last furnishing.
Retainage rules that affect your Tennessee claim
Tennessee treats retainage on its own schedule (Tenn. Code Ann. § 66-34-104), so money still held back may have a different due date than your progress billings. Tennessee rule detail: Second-tier claimants only. No notice = no bond claim.
Other Tennessee requirements that void liens
• File no sooner than 90 days AND no later than 1 year. • Prime must pay sub within 7 days of receiving payment from owner (TN Prompt Pay Act). Interest at 1.5%/month on amounts wrongfully withheld. • Retainage released within 90 days after substantial completion. Maximum 10% retainage; reduces to 5% at 50% completion. Interest accrues on late retainage. • Public prompt payment (TN Prompt Pay Act applies to public contracts): prime must pay sub within 7 days of receiving payment. Interest at 1.5%/month on amounts wrongfully withheld.
Frequently Asked Questions
How long do I have to file a mechanics lien in Tennessee?
Tennessee requires the lien to be recorded within 90 days, measured from completion. The exact window depends on your role — general contractors: within 90 days of your last day of work or materials.
Do I need to send a preliminary notice before filing in Tennessee?
Yes. Tennessee requires a preliminary notice Notice-of-nonpayment (sub: 90-day rolling notice). Failing to send it on time generally forfeits your lien rights entirely, regardless of how much you are owed.
Where do I file a mechanics lien in Tennessee?
File with the county recorder's office in the county where the property is located. Filing in the wrong county does not preserve your deadline, and re-filing in the correct county after the deadline will not save the claim.
What happens if I miss the Tennessee filing deadline?
Your lien rights are extinguished. Tennessee courts do not grant extensions for missed mechanics lien deadlines. You would be left with a breach-of-contract claim against whoever hired you, which carries no security interest in the property and is far harder to collect.
How long does a mechanics lien last in Tennessee?
Once recorded, you must file suit to enforce within 1 year (filing). If you do not, the lien expires automatically and no longer clouds the property's title.