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The Law Office of Stephen Nault

Practice Area

Mechanics Lien Attorney in Tennessee

A mechanics lien is a contractor's or supplier's strongest tool for getting paid — and the easiest right to lose, because Tennessee runs it on hard deadlines that do not care how much you are owed. I file, perfect, and enforce liens, and I defend against them, with the calendar as the first thing I check.

This page covers a focused service. For the broader editorial practice area, see Real Estate Disputes in Tennessee.

The deadlines are the whole game

Tennessee mechanics-lien rights live under Tenn. Code Ann. §§ 66-11-101 et seq., and the timing is unforgiving. Prime contractors — those with a direct contract with the owner — generally have one year after completion or abandonment to enforce a lien (Tenn. Code Ann. § 66-11-115). Remote claimants — subcontractors, suppliers, and anyone without a direct owner contract — generally have to serve a sworn notice of nonpayment within 90 days after each unpaid month (Tenn. Code Ann. § 66-11-145), record the lien within the statutory window, and file the enforcement action within 90 days after the notice of lien is recorded. Miss a step in your category and the right to recover can be gone permanently, no matter the amount.

Prime contractor or remote claimant — not the same clock

The single most important question is which side of that line you are on, because the notice and timing rules differ (Tenn. Code Ann. §§ 66-11-106, 66-11-112, 66-11-115, 66-11-145). For a remote claimant the sequence is: deliver labor or materials; serve the notice of nonpayment within 90 days of each unpaid month, with the required statutory content; record the lien within 90 days of last work or last delivery (residential and commercial timing differ); serve the copies; and file enforcement within 90 days of recording the lien, or within one year of completion, depending on which applies. For a prime contractor it is simpler: record within the window, then enforce within one year of completion or abandonment. Recorded notice, notice-of-completion, and demand-to-enforce procedures can shorten or shift any of these.

Bonding around a lien, and defending one

Liens are filed in the register of deeds and enforced through Chancery Court. Tennessee also lets an owner or general contractor bond around a recorded lien — transferring it from the property to a surety bond, which clears title so a sale or refinance can proceed while the claim continues against the bond. On the defense side, the work is validity challenges, bond substitution, and litigation strategy when an enforcement action lands. Which move makes sense — pursue the property, accept the bond, or attack the lien — depends on your role and the calendar, and the calendar is usually deciding.

Service area

Statewide advice; trial representation in Sumner, Wilson, Robertson, Trousdale, Williamson, and Davidson Counties.

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