Tennessee Mechanic Lien Law: Complete Guide
Your Complete Guide to Mechanic Lien Rights Under T.C.A. § 66-11-101 et seq. — Private Commercial, Residential & Public Works Projects
Tennessee mechanic lien deadline table with toggles for project type and claimant type.
Tennessee Preliminary Notice & Mechanic Lien Deadlines
Select your project type and role to see the deadlines that apply to you.
Prime Contractor — In privity with the property owner
The prime contractor's mechanic lien against the owner arises automatically upon furnishing and remains enforceable for 1 year after completion without any recording.
To preserve priority against subsequent purchasers and encumbrancers, record a Notice of Lien (Sworn Statement of amount owed) with the County Register within 1 year after completion of the contract.
Commence an action to enforce the mechanic lien within 1 year after completion of the contract.
Preliminary Notice
Mechanic Lien
The prime contractor's mechanic lien against the owner arises automatically upon furnishing and remains enforceable for 1 year after completion without any recording.
To preserve priority against subsequent purchasers and encumbrancers, record a Notice of Lien (Sworn Statement of amount owed) with the County Register within 1 year after completion of the contract.
Enforcement
Commence an action to enforce the mechanic lien within 1 year after completion of the contract.
Tennessee private project deadlines
Prime Contractor
Preliminary Notice: Not required. A prime contractor in direct contract with the owner has no preliminary notice obligation.
Mechanic Lien: The prime contractor's mechanic lien against the owner arises automatically upon furnishing and remains enforceable for 1 year after completion without any recording. To preserve priority against subsequent purchasers and encumbrancers, record a Notice of Lien (Sworn Statement of amount owed) with the County Register within 1 year after completion of the contract.
Enforcement: Commence an action to enforce the mechanic lien within 1 year after completion of the contract.
Subcontractors & Suppliers
Preliminary Notice: On commercial projects, serve a Notice of Nonpayment on the owner and prime contractor by certified mail within 90 days after the last day of each month in which labor or materials were furnished and remain unpaid. Failure to serve for a given month forfeits lien rights for that month's work. On residential (1-4 family) projects, subcontractors and suppliers have no mechanic lien rights unless the prime contractor is working under a written contract with the owner.
Mechanic Lien: Record a Notice of Lien (Sworn Statement of amount owed) with the County Register and serve a copy on the owner within 90 days after completion or abandonment of the project.
Enforcement: Commence an action to enforce the mechanic lien within 90 days after serving the Notice of Lien on the owner.
Remote Claimants
Preliminary Notice: On commercial projects, serve a Notice to Owner on the owner identifying the claimant and the work or materials being furnished to preserve mechanic lien rights. Additionally, serve a Notice of Nonpayment on the owner and prime contractor by certified mail within 90 days after the last day of each month in which labor or materials were furnished and remain unpaid. Failure to serve for a given month forfeits lien rights for that month's work. On residential (1-4 family) projects, remote claimants have no mechanic lien rights.
Mechanic Lien: Record a Notice of Lien (Sworn Statement of amount owed) with the County Register and serve a copy on the owner within 90 days after completion or abandonment of the project.
Enforcement: Commence an action to enforce the mechanic lien within 90 days after serving the Notice of Lien on the owner.
Tennessee public works deadlines
Prime Contractor
Preliminary Notice: Not applicable. The prime contractor is the principal on the payment bond and pursues payment through contract remedies, not a bond claim.
Bond Claim: Not applicable. Mechanic liens cannot attach to public property in Tennessee. Prime contractors pursue payment through contract remedies.
Lawsuit to Enforce Bond Claim: Contract remedies against the public owner, subject to any applicable notice-of-claim and limitations periods.
Subcontractors & Suppliers
Preliminary Notice: Serve written notice on the prime contractor within 90 days after completion of the public work.
Bond Claim: Mechanic liens cannot attach to public property in Tennessee. Payment rights run through the payment bond on projects subject to the Tennessee Little Miller Act.
Lawsuit to Enforce Bond Claim: Commence suit on the bond within 6 months after completion of the public work or the claimant's last furnishing of labor or materials, whichever is later.
Remote Claimants
Preliminary Notice: Serve written notice on the prime contractor within 90 days after completion of the public work.
Bond Claim: Mechanic liens cannot attach to public property in Tennessee. Payment rights run through the payment bond on projects subject to the Tennessee Little Miller Act.
Lawsuit to Enforce Bond Claim: Commence suit on the bond within 6 months after completion of the public work or the claimant's last furnishing of labor or materials, whichever is later.
2026 Tennessee Monthly Notice Calendar
Notice of Non-payment deadlines for each month of unpaid work under T.C.A. § 66-11-145
Tennessee monthly notices must be served within 90 days of the last day of each month during which labor or materials were furnished but unpaid. When the deadline falls on a weekend or federal holiday, this calendar shows the preceding business day so the notice arrives in time.
| Month Labor/Material Furnished | Deadline to Serve Notice of Non-Payment |
|---|---|
| October 2025 | 1/29/2026 |
| November 2025 | 2/27/2026 |
| December 2025 | 3/31/2026 |
| January 2026 | 5/1/2026 |
| February 2026 | 5/29/2026 |
| March 2026 | 6/29/2026 |
| April 2026 | 7/29/2026 |
| May 2026 | 8/28/2026 |
| June 2026 | 9/28/2026 |
| July 2026 | 10/29/2026 |
| August 2026 | 11/27/2026 |
| September 2026 | 12/29/2026 |
Month Furnished
Notice Deadline
Tennessee Mechanic Lien Law Overview
Last updated May 2026 · Reviewed by Thomas Emalfarb, Esq.
Tennessee construction mechanic lien rights are governed by T.C.A. § 66-11-101 et seq. for private works and T.C.A. § 12-4-205 for public projects. This statutory framework protects the payment rights of contractors, subcontractors, materialmen, and laborers who furnish labor, services, or materials for the improvement of real property in the State of Tennessee.
Tennessee draws a critical distinction between commercial and residential property for mechanic lien purposes. On commercial projects, both prime contractors and remote contractors (subcontractors and materialmen not in privity with the owner) may assert mechanic lien rights, subject to specific notice and filing requirements. However, subcontractors and materialmen have no mechanic lien rights on residential property — only licensed contractors who contract directly with the property owner may claim a mechanic lien on residential improvements.
For private commercial works, the mechanic lien relates to and takes effect from the time of visible commencement of operations, excluding demolition, surveying, excavating, clearing, filling, or grading and delivery of materials. If there is a cessation of all operations at the site for more than 90 days, any mechanic lien for labor furnished after the visible resumption of operations relates only to the date of that resumption. T.C.A. § 66-11-104.
Public works payment bond claims in Tennessee apply to contracts exceeding $100,000 and are governed by T.C.A. § 12-4-205. State highway projects have additional provisions under T.C.A. §§ 54-5-117 through 54-5-123. National Lien & Bond provides authoritative guidance on every aspect of Tennessee construction mechanic lien compliance, from notice requirements through bond claims and mechanic lien enforcement proceedings.
Tennessee Notice Requirements
Notice Obligations for Private Commercial, Residential & Public Works Projects Under Tennessee Code Annotated
Who Can Assert a Mechanic's Lien in Tennessee
Tennessee mechanic lien rights run to two classes of contractors. Each has its own notice obligations and enforcement deadlines, and the rules below depend on which class the claimant falls into:
- A prime contractor, defined as a person or entity contracting directly with the property owner. T.C.A. § 66-11-101(12).
- A remote contractor, defined as a person or entity contracting with someone other than the property owner. T.C.A. § 66-11-101(14).
Private Commercial Works — Prime Contractor Notice Requirements
Tennessee law does not require the prime contractor to give the property owner any notice of its lien in order to preserve the lien. The owner is presumed to know whether it has paid the prime contractor, and the lien arises automatically when the prime contractor furnishes labor or materials for the improvement.
Three additional notices apply in specific circumstances and protect the prime contractor's rights when those circumstances arise:
- A notice of lien served on bona fide purchasers or encumbrancers for value to preserve the priority of the lien against intervening interests.
- A notice of potential lien claim served on residential property owners.
- A notice of completion.
Private Commercial Works — Remote Contractor Notice of Non-payment (T.C.A. § 66-11-145)
A remote contractor that has not been paid for labor, material, services, equipment, or machinery furnished must serve a Notice of Non-payment on both the property owner and the prime contractor. The notice must be served within 90 days of the last day of each month in which the unpaid labor, materials, services, equipment, or machinery were provided. T.C.A. § 66-11-145(a).
Service of the Notice of Non-payment is a condition precedent to the remote contractor's right to claim a lien. A remote contractor that fails to serve the notice in compliance with the statute can recover only retainage. T.C.A. § 66-11-145(b).
The Notice of Non-payment must contain each of the following items under T.C.A. §§ 66-11-145(a)(1)-(5):
- The name and address of the remote contractor.
- A general description of the work, labor, materials, services, equipment, or machinery provided.
- The amount owed as of the date of the notice.
- A statement of the last date the claimant performed work or provided labor, materials, services, equipment, or machinery related to the improvement.
- A description sufficient to identify the real property against which a lien may be claimed.
Private Commercial Works — Notice of Mechanic Lien to Owner
In addition to the Notice of Non-payment, remote contractors on commercial projects must serve a Notice of Mechanic Lien on the property owner within 90 days after the last work performed or materials supplied. If the Notice of Mechanic Lien is not served within that 90-day period, the remote contractor must record and serve the notice within 90 days after completion of the entire project. T.C.A. §§ 66-11-115, 117.
The notice must be recorded by registering a statement of the amount due for work or materials furnished with the County Register in the county where the premises (or any part thereof) are situated. The property owner may file a Notice of Completion to shorten the mechanic lien recording period to 30 days on commercial projects or 10 days on residential projects.
Private Residential Works — Contractor Notice Obligations
On residential property, only the contractor who contracts directly with the property owner has mechanic lien rights. Subcontractors and materialmen have no mechanic lien rights on residential property in Tennessee. No preliminary notice is required for the residential contractor.
The residential contractor must register within 10 days of the filing of a Notice of Completion by the property owner. T.C.A. §§ 66-11-146, 143. No mechanic lien is allowed if the contractor is not properly licensed in the jurisdiction where the work is performed.
For the contractor's mechanic lien to take priority over a mortgage, the contractor must give written notice to the mortgage holder before any work begins on the property. T.C.A. § 66-11-108. This notice requirement is critical for ensuring mechanic lien priority in disputes with lenders.
Public Works — Payment Bond Notice of Claim (T.C.A. § 12-4-205)
On public works projects with contracts exceeding $100,000, subcontractors, materialmen, and laborers are not required to serve any preliminary notice to preserve their right to claim against the payment bond. However, a Notice of Claim on Bond must be served on either the contractor who executed the bond or the appropriate public official within 90 days of project completion. T.C.A. § 12-4-205.
The Notice of Claim on Bond is a mandatory prerequisite to filing suit on the payment bond. Failure to serve this notice within the 90-day window will bar the claimant from recovering on the bond.
State Highway Projects — Sub-subcontractor and Materialman Notice (T.C.A. § 54-5-117)
On Tennessee state highway projects, sub-subcontractors and materialmen must serve written notice on the prime contractor within 90 days of their last performance of work or delivery of materials. T.C.A. § 54-5-117. This notice is required to preserve the right to make a claim against the payment bond on highway projects.
Additionally, claimants on state highway retainage funds must send notice to the Department of Transportation within 30 days after the last publication of Notice of Final Settlement with the contractor. T.C.A. § 54-5-122.
Amending a Notice of Lien
A lien claimant may amend any notice of lien required under the Tennessee mechanics' lien statute at any time during the period allowed for serving or recording the applicable notice. T.C.A. § 66-11-119(a). Any amendment must be served or recorded in the same manner as the original notice. T.C.A. § 66-11-119(b).
Waiving Mechanic Lien Rights
A claimant cannot prospectively waive its mechanic lien in Tennessee. Any contract provision purporting to waive a lien right before the right has accrued is void and unenforceable as against public policy.
Topics on This Page
Tennessee Mechanic Lien Law: Key Topics
Navigate the critical compliance areas for Tennessee construction mechanic lien law.
Notice Requirements
Statutory notice obligations for prime contractors, remote contractors, residential contractors, and public works bond claimants under Tennessee law
Mechanic Lien Deadlines
Mechanic Lien recording requirements, Sworn Statement of Amount Due, 90-day filing deadlines, and Notice of Completion procedures
Mechanic Lien Enforcement Deadlines
Suit filing timelines, mechanic lien foreclosure deadlines, payment bond claim enforcement, and state highway project procedures
Frequently Asked Questions
What statutes govern construction mechanic lien rights in Tennessee?
Tennessee construction mechanic lien rights on private works are governed by T.C.A. § 66-11-101 et seq. Public works payment bond claims are governed by T.C.A. § 12-4-205 for general public projects and T.C.A. §§ 54-5-117 through 54-5-123 for state highway projects. These statutes establish the notice requirements, filing deadlines, and enforcement timelines that must be followed to preserve payment rights.
Do subcontractors have mechanic lien rights on residential property in Tennessee?
No. Under Tennessee law, subcontractors and materialmen who are not in privity with the property owner have no mechanic lien rights on residential property. Only the contractor who contracts directly with the residential property owner may assert a mechanic lien, and only if the contractor is properly licensed in the jurisdiction where the work is performed. T.C.A. § 66-11-146.
What is the Notice of Non-payment and who must send it in Tennessee?
The Notice of Non-payment is required for remote contractors (subcontractors and materialmen not in privity with the owner) on commercial property. It must be sent by certified mail to both the owner and the general contractor within 90 days after the last day of each month in which work or materials were provided. The notice must include the claimant's name and address, last date services were provided, a general description of the work, and a property description. Failure to provide this notice precludes all subsequent mechanic lien claims. T.C.A. § 66-11-145.
What are the payment bond claim requirements for Tennessee public works projects?
On public works projects with contracts exceeding $100,000, subcontractors, materialmen, and laborers must serve a Notice of Claim on Bond to either the contractor who executed the bond or the appropriate public official within 90 days of project completion. T.C.A. § 12-4-205. No preliminary notice is required. Suit must be filed within 6 months of project completion. T.C.A. § 12-4-206.
How does the Notice of Completion affect mechanic lien deadlines in Tennessee?
A property owner may file a Notice of Completion to shorten the mechanic lien recording period. On commercial projects, the deadline is shortened from 90 days to 30 days. On residential projects, the deadline is shortened to just 10 days. Remote contractors must give notice within 30 days of the filing of a Notice of Completion (T.C.A. § 66-11-143), and residential contractors must register within 10 days (T.C.A. § 66-11-146). Monitoring the public record for this filing is essential.
What is the difference between mechanic lien enforcement deadlines for prime contractors and remote contractors in Tennessee?
Prime contractors have one year after completion of the work to file suit to enforce a mechanic lien (T.C.A. § 66-11-106). Remote contractors on commercial property have a much shorter window — they must file suit within 90 days after filing the mechanic lien with the County Register. This significant difference underscores the importance of understanding your classification and acting promptly to preserve enforcement rights.