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What is the definition of a 1-4 unit owner occupied building

TennesseeMechanics LienRecovery OptionsRight to Lien

I am an electrical contractor. General contractor has failed to pay all of the draw I am entitled to once the codes office approved the work. I told him I will be glad to complete the job once he paid me what he owes me. He then had some of his employees complete the work that was covered under my permit. He claims the job is complete and that since I did return ina timely matter, that he owes me nothing. The project is an addition to an existing home that is occupied by the owner but the addition being build is unoccupied

1 reply

Oct 21, 2019
The state of Tennessee, for the purposes of mechanics lien laws, defines a "residential real property" at § 66-11-146 of the state's lien statute. That section defines a residential real property as a property with 1-4 dwelling units where the owner of the property either actually resides or intends to reside in one of the 4 units. But, it must be the owner's principal place of residence/intended to be their principal place of residence. As you may know, those hired by someone other than the property owner on Tennessee residential real properties will generally not be entitled to mechanics lien rights. Though, other recovery options - like breach of contractunjust enrichment, or a claim under the Tennessee prompt payment laws - may be an option for recovery. I hope this was helpful! For more information on Tennessee mechanics lien rights: Tennessee Mechanics Lien Guide and FAQs. For more on recovery options outside of the mechanics lien process: Can’t File a Lien? Here Are Some Other Options For Recovery.
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