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What is the deadline to file the lien?

Customer returned our equipment damaged, many repairs needed to be made. The customer paid all rentals and now owe us for a Repair Invoice (dated 7/31/18). I requested for an "Intent To Lien" today 9/17/18 to encourage the customer to pay this repair invoice. I want to make sure we're filing this properly to make sure we get paid. What is the deadline to file the "Lien" since this job was in TN? Repairs & Work Order done in PA. Are there any other steps we need to do for this project?

1 reply

Sep 18, 2018

The rules and requirements controlling mechanics liens are those in place where the project occurred. This is because the lien remedy is an encumbrance on the property itself, and the state in which the property is located has an interest in setting the rules regarding how property within its borders can be encumbered.

In Tennessee, a Notice of Non-Payment must be provided to the owner within 90 days of last day of each month labor and materials were provided by the potential lien claimant. Additionally, the lien itself must be filed within the following time periods (for parties who did not contract directly with the property owner):

Residential: No mechanics liens allowed.

Commercial (Notice of Completion Recorded and Served): Lien and response to Notice of Completion required within 30 days of date on which Notice of Completion filed.

Commercial (Notice of Completion NOT simultaneously recorded and served): Lien and response (if applicable) required within 90 days of actual completion of project.

More information about the notice and lien requirements in Tennessee can be found here: https://www.zlien.com/mechanics-lien/tennessee-lien-law-faqs/

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