Tennessee Mechanics' Liens: The Deadlines That Decide Who Gets Paid

A mechanics' lien lets an unpaid contractor or supplier tie its claim to the property it improved, not just to the person who hired it. That makes it a powerful collection tool and a serious problem for an owner trying to sell or refinance. In Tennessee, the rules are in Title 66, Chapter 11 of the Tennessee Code, and most of them are deadlines.

Who can claim a lien

The statute grants liens to two groups (Tenn. Code Ann. § 66-11-102):

• Prime contractors: anyone in a direct contract with the owner, including surveyors, architects, and engineers in some situations.
• Remote contractors: subcontractors, sub-subcontractors, and suppliers who contracted with someone other than the owner.

There is a threshold condition: no lien exists unless the claimant complied with Tennessee's contractor-licensing law where it applies (§ 66-11-102(a)). The lien also cannot exceed the price in the owner's contract with the prime contractor, plus agreed extras (§ 66-11-120).

The notice of nonpayment: a monthly clock for subs and suppliers

On most projects, a remote contractor has to give an early warning before it can claim a lien. Under § 66-11-145, it must serve a notice of nonpayment on both the owner and the prime contractor within 90 days after the last day of each month in which it furnished work or materials that remain unpaid. The notice states who is claiming, what was furnished, the amount owed, the last date work or materials were furnished, and a description of the property.

This requirement does not apply to one- to four-family residential units. Where it does apply, a remote contractor that skips it has no lien, except for retainage. The notice must reach both recipients: in Diaz Construction v. Industrial Development Board (Tenn. Ct. App. 2015), a subcontractor that did not serve the prime contractor lost its lien, and the court held that leaving out a required recipient was not substantial compliance.

Recording the lien: the 90-day window

A prime contractor's lien is good against the owner without recording, but to hold its priority against later buyers and lenders, the contractor records a sworn statement of the amount due and a description of the property with the register of deeds no later than 90 days after the improvement is completed or abandoned (§ 66-11-112). Recording later is still possible, but the lien then counts only from the date it is recorded.

A remote contractor must, within that same window, serve a written notice of lien on the owner (§ 66-11-115). Notices under the chapter must be served by registered or certified mail with return receipt, by hand delivery proved by a sworn statement, or by a commercial delivery service with written confirmation of delivery (§ 66-11-149).

A notice of completion can shorten the clock

After the work is finished, an owner can record a notice of completion and serve it on the prime contractor and on any remote contractor that served a notice of nonpayment (§ 66-11-143). A claimant that has not already recorded its sworn statement or contract and served a copy on the owner must then serve notice of its claim within 10 days after the notice of completion is recorded on one- to four-family residential work, or within 30 days on other projects, or its lien rights expire. A prime contractor, or a remote contractor that served a notice of nonpayment, that was not served a copy of the notice of completion is not affected by it. A notice of completion recorded before the work is actually complete is void.

How long a lien lasts, and the deadline to sue

A recorded lien does not last forever. A prime contractor's lien continues for one year after the improvement is completed or abandoned, and until a suit filed within that year is decided (§ 66-11-106). A remote contractor's lien continues for 90 days after it serves its notice of lien, plus the time of any enforcement suit filed within those 90 days (§ 66-11-115).

Enforcement is by a sworn complaint asking for a writ of attachment against the property (§ 66-11-126). And an owner, the owner's agent, or the prime contractor can force the issue: after a written demand, the claimant has 60 days to sue or the lien is forfeited (§ 66-11-130). In Edwards v. Underwood (Tenn. Ct. App. 2025), an engineer who never sued within the statutory year was held to have no surviving lien.

Homes are different

For residential real property that the owner occupies or intends to occupy as a principal residence, only the prime contractor has a lien (§ 66-11-146). Subcontractors and suppliers on that kind of job have to look to the contractor that hired them, not to the house. An unlicensed contractor gets no lien on residential property where a license was required (§ 66-11-150).

What owners can do

• Bond it off. Recording a qualifying surety bond for the amount claimed discharges the lien from the property (§ 66-11-142), so a sale or refinance can close. The claim then moves to the bond. The statute says that in a suit on the bond, the defendants keep all defenses to the validity of the underlying lien (§ 66-11-126(5)(C)). Even so, the Court of Appeals has held that recording the bond waives challenges to the lien's validity, priority, and amount (83 Freight, LLC v. C4 Sourcing Solutions, LLC, Tenn. Ct. App. 2025), without discussing that language. Until that conflict is resolved, the trade-off is worth weighing before bonding.
• Demand suit. A written demand starts the 60-day clock under § 66-11-130.
• Challenge an inflated claim. If a court finds a lien willfully and grossly exaggerated, it may deny recovery and award the injured party its expenses and attorney's fees (§ 66-11-139).
• Demand a release. A claimant whose lien has expired or been paid and who does not release it within 30 days of a written demand can owe damages and attorney's fees (§ 66-11-135).

Firm deadlines, forgiving paperwork

The statute tells courts to construe the lien chapter liberally, and it forgives some mistakes: a document that substantially complies is not invalid because of errors that did not prejudice anyone (§ 66-11-148). In 83 Freight, LLC v. C4 Sourcing Solutions, LLC (Tenn. Ct. App. 2025), a complaint that was not sworn was treated as that kind of non-prejudicial defect. Missing a deadline or leaving out a required recipient is a different matter, as the cases above show.

Whether a particular lien is valid depends on the contract chain, the property, and the exact dates. If you are owed money on a Middle Tennessee project, or a lien has been recorded against your property, my office can review the timeline and the documents with you. For the contract side, see construction contract review.

Educational disclaimer: This article provides general Tennessee educational information only and is not legal advice for any specific project, lien, or dispute. Lien deadlines are short and fact-specific.