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Tennessee Monthly Notice of Non-Payment

TennesseePreliminary Notice

I am about to send out a Monthly Notice for March payment through Zlien. According to Zlien resources, Notice of Non-Payment must be provided to the owner within 90 days of last day of the month labor and materials provided. For example, if labor was provided on April 3, then notice is provided 90 days from April 30. Separate notices are required for each month unpaid services or materials are provided. I have two questions before I push the "send" button: - Is "The last date any of the above described Services was furnished was: " the last date of that month of non-payment or today's date if the job is still ongoing? - "The principal amount owed as of the date of this notice is $_____" Is it the amount from that month of non-payment till today, or just the non-payment amount for that specific month?

1 reply

May 31, 2018
Tennessee has some interesting preliminary notice requirements, so it's not uncommon for questions to arise when submitting a Notice of Nonpayment in Tennessee. § 66-11-145 of the Tennessee mechanics lien statute creates the Notice of Nonpayment requirement and lists the required information on that notice. Regarding the "amount owed" information, § 66-11-145(3) calls for "The amount owed as of the date of the notice;" and does not limit this amount by any time frame. Thus, on a Tennessee Notice of Nonpayment, the total amount owed at the time of the notice should be present. Regarding the dates that need to appear on the notice, § 66-11-145(4) requires "(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;" This section, just like the previous section of the statute, does not limit a specific time frame. Thus, the last date in which labor, materials, services, equipment, or machinery should be included on the notice.
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