Home>Levelset Community>Legal Help>Can I file a Mech Lien against a TN Prime Contractor that I fabricated items for?

Can I file a Mech Lien against a TN Prime Contractor that I fabricated items for?

I fabricated items for a Prime Contractor in March. I did not deliver or install the items. Am I able to file a Mechanic's Lien as a supplier? If so, (correct me if I am wrong) I have 90 days from when I completed fabrication to send the Notice of Intent??? Then I have another 90 day to file the lien or is the lien filing 90 days from fabrication completion? Thank you.

1 reply

May 8, 2020

On residential construction projects, Tennessee subs and suppliers aren't entitled to mechanics lien rights. But, on commercial projects, specialty material providers have strong mechanics lien rights in Tennessee. A party who specially fabricates materials to a commercial job will be able to file a mechanics lien if the materials are fabricated - regardless of whether the materials are actually delivered or installed. That is, as long as the materials aren't easily resellable. Regarding notice - a Tennessee Notice of NonPayment (i.e. "monthly notice") must be sent to preserve lien rights. As for timing - it must be sent within 90 days of the last day of the month when you last performed work. You can learn more about the notice here: Tennessee Preliminary Notice Guide and FAQs. Finally, the Tennessee mechanics lien deadline is generally 90 days after project completion. If a Notice of Completion was filed, then the deadline is shortened to 30 days after that filing. For more information on Tennessee mechanics lien rights: (1) Tennessee Mechanics Lien Guide and FAQs; and (2) How to File a Tennessee Mechanics Lien.

Recovering payment without having to file a lien

Finally, keep in mind that it may be possible to get paid without having to initiate a mechanics lien filing. Sending documents like invoice reminders, payment demand letters, and even a Notice of Intent to Lien can all force payment by themselves in many cases. Or, if lien rights aren't on the table, then pursuing legal claims (like breach of contract) could force payment. And, depending on the size of the dispute, small claims court might be an option for streamlining the claim. Lastly, sending the debt to collections could work too.

0 people found this helpful

Helpful