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Can I file the lien?

Tennessee

This is for a job in Tennessee. We are a supplier on a commercial job. I sent our notice of non payment but the system is telling me my deadline was 9/16/21. Our invoice does show 6/18/21. Based on this can I still file a lien on this?

1 reply

Oct 6, 2021

While I'm not able to help you navigate Levelset's software platform, I can provide some information that should help you come to some conclusions on your claim. 

The deadline for a sub or supplier's mechanics lien on a Tennessee commercial project will change depending on whether or not a Notice of Completion gets filed. If the document does not get filed, the deadline to pursue a lien claim is 90 days after the project is completed. If a Notice of Completion does get filed, the lien deadline will be 30 days from when that Notice of Completion was filed. More deadline talk here: When is the deadline to file a Tennessee Mechanics Lien?

Finally, note that it's often hard for a subcontractor or supplier to have accurate data on hand for when a project is actually completed. And, as a result, it's common to use the party's "last furnishing date" to approximate a very conservative deadline for pursuing a lien. Regardless, the above rules re: liens and Notices of Completion still represent the actual deadlines for pursuing TN mechanics liens on commercial projects. For further discussion about the difference between last furnishing and completion: Confusing Dates: What’s the Difference Between Date of Last Furnishing and Date of Substantial Completion?

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