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Home>Levelset Community>Legal Help>If supplier, do you need to file a preliminary notice (as in most states) or is it just after 90 days of non-pymt?

If supplier, do you need to file a preliminary notice (as in most states) or is it just after 90 days of non-pymt?

TennesseeMonthly NoticePreliminary Notice

Supplier company, need to understand the State of Tennessee, as I know the laws have changed. Like most states you file a preliminary notice. TN, is that just after the 90 days of non-payment?

1 reply

Aug 27, 2020
The state of Tennessee doesn't have a traditional "preliminary notice" requirement as a majority of states do. Rather, they have recurring monthly notices similar to Texas. The notices in TN (with the exception of Notice to Owner for prime contractors on residential, owner-occupied projects) are referred to as Notices of Non-Payment.  Anyone who didn't contract directly with the owner on private construction projects in TN will be required to send a Notice of Nonpayment within 90 days of the last day of each month labor and materials were provided. For example, if you delivered materials on June 15th of this year, the deadline to send notice is 90 days from from June 30th (September 28th). If providing materials in multiple months, additional notice should be sent for each month. If you end up having to file a mechanics lien, it will only cover labor and materials that were "properly noticed." These notices need to be sent by certified mail, with return receipt requested in order to be valid. For more information, see:
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