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Tennessee Notice of Non-Payment

Remote Contractor Claims in Tennessee

Remote contractors who have not contracted directly with the owner, must send a special type of notice when they are not paid at time. In Tennessee, that notice is called the "Notice of Non-Payment."

Every remote contractor with respect to an improvement, except one-to-four-family residential units, shall serve, within ninety (90) days of the last day of each month within which work, material, or labor was provided, or machinery furnished and for which the remote contractor intends to claim a lien, a notice of nonpayment to the owner and prime contractor in contractual privity with the remote contractor if its account is, in fact, unpaid. Tenn. Prop. Code 66-11-145(a). Serve the notice via registered or certified US Mail, or any other service with official delivery confirmation.

The notice shall contain the following: (1) The name of the remote contractor and the address to which the owner and the prime contractor in contractual relation with the remote contractor may send communications to the remote contractor; (2) A general description of the work, labor, materials, services, equipment, or machinery provided; (3) The amount owed as of the date of the notice; (4) A statement of the last date the claimant performed work and/or provided labor or materials, services, equipment, or machinery in connection with the improvements; and (5) A description sufficient to identify the real property against which a lien may be claimed. Id.

If a remote contractor fails to provide the notice of nonpayment in compliance with the law, he or she may lose the right to claim a lien (except with regard to a certain amount or percentage of the contract amount retained to guarantee performance of the remote contractor). Tenn. Prop. Code 66-11-145(b). Even though the notice of nonpayment is a required step in the lien process, be aware that it is NOT the same notice required to fulfill a notice of an impending lien, which must be drafted and sent separately. Tenn. Prop. Code 66-11-145(c).

This article is provided for informational purposes only and should not be considered legal advice or relied upon as any substitute for speaking with an attorney. Please consult a Tennessee attorney familiar with construction law for any issues regarding mechanic's liens. Tennessee Notice of Non-Payment Forms Have Been Updated as Recently as Tuesday March 30, 2021

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Tennessee Notice of Non-Payment Form