Tennessee Mechanics Lien Statutes: Deadlines, Venues & Citations
Where Tennessee liens are filed and enforced
A Tennessee mechanics lien is filed with the County Register of Deeds in the county where the project sits — 90 days from completion. Filing in the wrong county does not perfect the claim, which matters on projects that straddle county lines. Those are two different clocks against two different offices, and Tennessee claimants lose rights far more often by missing the second one than the first.
Tennessee deadlines by claimant role
For subcontractors and suppliers: Notice to Owner — 90 days from last furnishing (Tenn. Code Ann. § 66-11-145); Record the lien — 90 days from last furnishing (Tenn. Code Ann. § 66-11-112); file suit — 90 days from lien recorded (Tenn. Code Ann. § 66-11-126); bond notice — 90 days from project completion (Tenn. Code Ann. § 12-4-205); file suit — 6 months from project completion (Tenn. Code Ann. § 12-4-206); miller act notice — 90 days from last furnishing (40 U.S.C. § 3133(b)(2)). For general contractors: Record the lien — 90 days from last furnishing (Tenn. Code Ann. § 66-11-112). Every window runs from the claimant's own dates, not the unpaid invoice date.
Rules specific to Tennessee
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. Prime must file notice of lien within 90 days of last furnishing of labor or materials. File notice of lien within 90 days of last furnishing. CRITICAL: File suit to enforce lien within 90 days of recording — one of the shortest windows in the US. Do not delay. Notice is given AFTER the labor or material is furnished and WITHIN 90 DAYS AFTER THE COMPLETION OF THE PUBLIC WORK (the project, not the claimant's last day), to EITHER the bonded contractor OR the public official who let the contract. Content: nature of the claim, an itemized account of material furnished or labor done, the balance due, and a description of the property improved. Bond of at least 25% of the contract price required on contracts over $100,000; part 2 does not apply at $100,000 or less (12-4-201(a)(1)). A contractor's registered-mail disclaimer cuts off rights for later furnishing (12-4-203). Code Ann. § 66-11-211 (the private lien statute), ran from last furnishing, and named prime + surety. Action must be brought or claims filed WITHIN SIX MONTHS FOLLOWING THE COMPLETION OF SUCH PUBLIC WORK, OR OF THE FURNISHING OF SUCH LABOR OR MATERIALS (12-4-206). The statute does not say which date controls; count from the EARLIER of the two. Several claimants may join one suit, or one may sue on behalf of all (12-4-206); right of action in the claimant's own name (12-4-204). Second-tier claimants only. No notice = no bond claim. File no sooner than 90 days AND no later than 1 year.
How Tennessee notices must be served
Tennessee requires notice-of-nonpayment — Sub: 90-day rolling notice. Accepted delivery for the notices tracked here: Certified Mail, Return Receipt Requested; Return receipt certified mail or personal delivery. Service runs to the Owner. Keep the proof of service in the project file — Tennessee disputes over whether a notice was properly served are decided on that documentation.
Public projects in Tennessee
No lien attaches to public property in Tennessee. On public state local and public federal work the remedy is a payment bond claim instead — bond notice within 90 days of project completion, served on the EITHER the contractor who executed the bond OR the public official in charge of letting the contract (municipal: the mayor; county: the county mayor; state: the governor is deemed sufficient) (Tenn. Code Ann. § 12-4-205). 5 public-project deadlines are tracked for Tennessee.
Tennessee statute citations
The Tennessee deadlines above come from Tenn. Code Ann. § 66-11-145, Tenn. Code Ann. § 66-11-112, Tenn. Code Ann. § 66-11-126, Tenn. Code Ann. § 12-4-205, Tenn. Code Ann. § 12-4-206, 40 U.S.C. § 3133(b)(2), 40 U.S.C. § 3133(b)(1), Tenn. Code Ann. § 66-34-204, Tenn. Code Ann. § 66-34-104. Statutes are amended periodically — verify current text before relying on any date, and consult a licensed Tennessee construction attorney on a specific project.
Frequently Asked Questions
How long do you have to file a mechanics lien in Tennessee?
90 days — From completion. The filing goes to the County Register of Deeds in the project's county. See Tenn. Code Ann. § 66-11-112. The clock runs from the claimant's own last furnishing or completion, not the invoice date.
Where do you file a mechanics lien in Tennessee?
With the County Register of Deeds in the county where the property is located. Recording in the wrong county does not perfect the lien.
Does Tennessee require a preliminary notice?
Yes — Notice-of-nonpayment. Sub: 90-day rolling notice. Accepted service includes Certified Mail, Return Receipt Requested.
How long do you have to enforce a Tennessee mechanics lien?
1 year — From filing. A recorded lien left unenforced past that window generally expires and can expose the claimant to slander-of-title risk if it stays on record.
When must retainage be released in Tennessee?
Retainage released within 90 days after substantial completion. Maximum 10% retainage; reduces to 5% at 50% completion. Interest accrues on late retainage. (Tenn. Code Ann. § 66-34-104).