Step 1 — Send the Tennessee Pre-Lien Notice
Before filing a Tennessee construction lien, it is critical to confirm whether you were required to send a pre-lien notice. Tennessee lien rights depend heavily on project typeand your role on the job, and failing to send a required notice can completely invalidate a lien.
Start by determining whether the project is residential or commercial. Tennessee applies different notice rules depending on the type of property. Residential projects generally have stricter notice requirements for subcontractors and suppliers, while commercial projects may require a Notice of Nonpayment in certain circumstances.
Next, confirm your role on the project. Subcontractors, sub-subcontractors, material suppliers, and equipment rental companies are more likely to be subject to notice requirements than general contractors who contract directly with the owner.
You should then determine which notice applies, if any. Depending on the project and your role, this may include a Notice to Owner or a Notice of Nonpayment. Each notice has its own deadline and service requirements, and missing the applicable deadline can result in partial or complete loss of lien rights.
Finally, verify that all required notices were sent on timeand that you have proof of service. If a required notice was not sent, or was sent late, filing a lien may be ineffective or invalid. Confirming notice compliance before filing helps ensure your lien is enforceable and avoids unnecessary filing costs.